Proprietary Rights and Licence
All trademarks, copyright, database rights and other intellectual property rights of any nature in the Application together with the underlying software code are owned by Beyond Essential Systems Pty Ltd (BES).
BES hereby grants you a worldwide, non-exclusive, royalty-free revocable license to use the Application for your business and personal use in accordance with these appterms.
Data collected through our systems is owned in most cases by the countries in which it is collected, according to individual data sharing agreements signed in each country. Users are able to make themselves aware of these agreements for each survey by contacting BES directly.
Conditions of use
You will not, nor allow third parties on your behalf to (i) make and distribute copies of the Application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or (iii) create derivative works of the Application of any kind whatsoever.
The Application is currently made available to you free of charge for your personal, non-commercial use. BES reserves the right to amend or withdraw the Application, or charge for the application or service provided to you in accordance with these appterms, at any time and for any reason.
You acknowledge that the terms of agreement with your respective mobile network provider (‘Mobile Provider’) will continue to apply when using the Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.
If you are not the bill payer for the mobile telephone or handheld device being used to access the Application, you will be assumed to have received permission from the bill payer for using the Application.
This Application is available to handheld mobile devices running Apple iOS and Android OS. BES will use reasonable efforts to make the Application available at all times. You acknowledge the Application is provided over the internet and mobile networks however and so the quality and availability of the Application may be affected by factors outside BES’ reasonable control.
BES, its subsidiaries and sub-contractors do not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.
BES will not be responsible for any support or maintenance for the Application.
BES may terminate use of the Application at any time by giving notice of termination to you. Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the Software;
Limitation of liability
In no event will BES be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the Application, including loss of profit, patient harm or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.
BES is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.
Nothing in these Appterms shall exclude or limit BES’ liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.
Disclaimer of warranties
To the maximum extent permitted by law, BES hereby disclaims all implied warranties with regard to the Application. The Application and software are provided “as is” and “as available” without warranty of any kind.
- All data entered into Tupaia MediTrak is uploaded to secure servers. Beyond Essential Systems (BES), in collaboration with Sustainable Solutions© (NZ), is responsible for the backup and protection of this data. The specifications for this server can be obtained by clients on request. Personal data will not be shared with third parties under any circumstances, without the permission of respective clients (partner government and organisations), unless we are compelled by law.
- De-identified data may be used for research purposes, under the supervision of an Australian university or major regional research institution. No identifiable patient data will ever be released or published, except to respective clients.
- Registered countries and organisations can nominate a server or database to also receive the data. There may be costs incurred from third party software suppliers in establishing these data transfer systems and clients should discuss these with their software providers.
- The use of Tupaia MediTrak is free and unlimited, subject to the terms described herein. There may be implementation costs involved in commencing use of the app. These fees are subject to negotiation. BES can implement and train on the use of this software and charges a daily rate for this service (rates available on request). Once implementation has been completed, usage is unlimited across the country or organisation.
- BES will take all care to publish correct clinical information and dosing recommendations, in accordance with local treatment guidelines but BES accepts NO responsibility for incorrect information, incorrect usage of the app, or the usage of prescribing advice on the app. Health staff are expected to work in accordance with their training and local systems.
- Tupaia MediTrak and Tupaia.org are available in some circumstances as third party applications to existing software packages. The licensing arrangements for these software packages however are the responsibility of the client and those software providers. BES accepts no responsibility for breaches of contract or Intellectual Property through the misuse of the data that we provide. Clients should seek permission, if necessary, from their software providers to upload data from BES into other software packages.
- Clients own their own data and may use it for their own research purposes. BES accepts no responsibility for the misuse of data we have provided to client servers or databases. Clients hold full responsibility for the security and maintenance of data stored on their own servers.
- BES can provide data to clients in situations where data has been lost from client servers. There may be small additional costs associated with this, depending on the volume of data required and other technical elements.
- Tupaia MediTrak uses GPS technology to map clinics (and patients). It is made clear to users when GPS records are being stored whilst using the app; GPS data collection is not enabled at other times and no real-time GPS data is collected, transmitted or stored by the app.
- Tupaia MediTrak is able to take photos of health facilities – staff members may be included in these photos with their permission. Patients may be visible in the background of photos but they cannot be identifiable in any way. They must be aware that they are in the photo and must grant permission for their photo to be transmitted and stored. Under no circumstances is it permissible to take photos of minors (<18 y.o.), even if they are not identifiable and even if they are not patients and have given their permission. Users who transmit photographs including minors will be banned from using the app and all photos will be destroyed, where this is brought to our attention (please note that this is for clinic assessments. Patient recording functionality will be bound by specific privacy policies in each country of use).