Terms and Conditions
SureText is a messaging software designed to enable healthcare providers to securely send health information via an iOS application (“the app”). These terms and conditions between the user (or “you”) and SureText Pty Ltd (or “us/we”) are a legally binding contract that defines how the app must be used. By clicking on the ‘Agree’ button, you are agreeing to be bound by these terms (explanatory notes are in square brackets). We may modify and update these Terms of Use at any time, without notice. You need to ensure you review the Terms of Use from time to time. SureText reserves the right to delete or disable a user account if we determine that these terms and conditions have been breached. This may occur at our sole discretion.
DEFINITIONS
“App” means the SureText software application for mobile phones and tablet computers.
“Content” means anything an end user or subscriber submits to be included on the App, including all material, links, words and images.
“We”, “our” and “us” means SureText Pty Ltd.
“You” means each of the end user or subscriber (as relevant).
1.1 You must sign up with your personal Apple ID as your first name and last name will be captured from your Apple ID account details.
1.2 To sign-up with SureText you must also provide your mobile number which will be validated by entering a passcode sent to you by SMS.
2.1 To be best recognised as a valid user, all user profile fields should be completed namely, ‘First name’, ‘Surname’, ‘Role’, ‘AHPRA/ Provider Number’ (where applicable), ‘Primary Place of Practice’ and ‘Suburb’. Inclusion of a profile photo of you, better identifies you to other users provided it is clearly identifiable.
2.2 You must not enter false profile information as it risks the user being reported to AHPRA for pretending to be a health practitioner. [Under National law, criminal charges have been filed against individuals pretending to be registered health practitioners (RHP). Similarly, using the profile of any another RHP as your own, constitutes a form of identity theft and is liable to criminal charges.]
3.1 SureText provides the option to archive your messages to an email address of your choice. This enables the content of the SureText messages to be included in patient records electronically or as printed copies. [This is to facilitate compliance with Australian law which requires clinical information become a part of the patient’s medical record.]
3.2 It is your responsibility to link an email address that is secure for the purposes of transmitting and storing health information. [Enterprise email addresses in health organisations (e.g. domains such as @health.qld.gov.au) typically meet these requirements]. It is your responsibility to be familiar with privacy laws and professional standards governing the use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of Patient Information.
3.3 We are responsible for securely transmitting data from our server to your email server only. We do not bear any responsibility for data once it is in your email.
3.4 It is entirely your responsibility to store and manage data archived to your email address. [ Message content is sent to your email address every 24 hours. After seven days your message content is removed from our servers. We do not bear responsibility to store and manage data after this time.]
3.5 We are not responsible for compliance with policies applicable to the use of the email address you have linked to your SureText account.
3.6 You must ensure that linking your work or enterprise email address does not breach any applicable regulations or laws pertaining to the use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of Patient Information.
4.1 You must only create and/or send content (e.g. messages and/ or photographs and/or documents) for the purposes of providing or coordinating healthcare for patients; and/or for connecting with other users (referred to “Colleagues” in the app) to enable the provision of healthcare for patients.
4.2 While we endeavour to transmit every message in real time we are not responsible for any adverse outcome that may arise from any delay/ failure to transmit. You must ensure alternative modes of communication are available for the provision of healthcare.
4.3 When your account is deleted, all active content will be immediately sent to your linked email address and removed from our servers.
4.4 We will store metadata associated with every message for purposes of recording every instance of communication. [We have a legal obligation to assist specific Australian government agencies if and when required for purposes such a law enforcement.]
4.5 You agree and acknowledge that the App, and any associated website we own, may use third party vendors and hosting partners to provide the necessary software, hardware, service and storage, as well as anything related to running the App.
4.6 We are not responsible for the nature of content created or sent by any user.
4.7 Inappropriate content and/or use of the app reported to us will be acted upon within reasonable timeframes depending on the nature of the breach.
4.8 You are solely responsible for obtaining all consent required to create, communicate and manage content that has patient information.
5.1 You must secure your iOS device with a passcode or biometric authentication such as Touch ID or Face ID.
5.2 You must keep strictly confidential your Apple ID account information and iOS device passcode which you use to sign-up to and access SureText.
5.3 We are not responsible for any losses or damages incurred as a result of security breaches or unauthorised use of your device or Apple ID account.
5.4 You must notify us immediately if and when you become aware of any possible security breaches.
5.5 We are not responsible for the security of your linked email address.
5.6 You are responsible for ensuring that the recipient of your messages are the correct person and that they are who you think they are.
5.7 We are not responsible for the transmission of messages to the wrong recipient, either as a result of selecting the wrong user or as a result of false identity.
5.8 We are not responsible for verifying the identity of users (“Colleagues”) you add and/or communicate with.
6.1 Your subscription to SureText will be renewed automatically every twelve months and the annual subscription fee debited accordingly.
6.2 We will not change the annual subscription fee without notifying users with at least one month’s notice. Any new charge will only apply at the annual renewal date for the individual user and not before that time.
6.3 You are solely responsible for cancelling your subscription. You may cancel through the App by deleting your account in ‘Settings’. You will not be refunded the annual subscription fee or any proportion of it if you cancel your subscription by deleting your account in ‘Settings’.
6.4 We have the right to terminate your subscription for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the App, with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.
6.5 Upon such termination, regardless of the reasons, your right to use the App and related services immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our App.
6.6 We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension. We are not required to provide any refund or part thereof to you for such termination of your subscription.
7.1 You must not infringe on our intellectual property rights pertaining to any aspect of SureText including but not limited to branding, web and app design, software code, documentation and marketing materials.
7.2 You must not use SureText in any manner deemed illegal including but not limited to transmitting content that is offensive, of a criminal nature; nor hack or introduce malicious code; nor communicate with other users inappropriately and/nor send unsolicited messages.
7.3 You must not attempt to dissemble or reverse engineer our software; nor damage or disable any component of our systems; nor attempt to compromise accounts of any user by ways including but not limited to mail bombing, flooding, spamming or overloading any account, system or network.
7.4 We reserve the right to monitor and investigate any such violations described above and to notify and cooperate with law enforcement agencies.
8.1 We reserve the right at any time and from time to time to modify or discontinue the App, either temporarily or permanently, with or without notice.
8.2 We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the App.
8.3 From time to time we may issue an update to the App which may add, modify and/or remove features from the App. These updates may be pushed out automatically with little or no notice.
8.4 If there is a material change to the permissions required to run the App, we will seek your agreement to the permissions and at such time you may choose to accept or not.
9.1 Your use of the App and any of our services is at your sole risk. The App and services are provided on an ‘as is’ and ‘as available’ basis. We make no warranty that the App services will meet your requirements or be available on an uninterrupted, secure or errorfree basis.
9.2 By using this App or our services, you agree that we are not liable for any inaccuracy, error or failure of the software. In addition, we are not liable for any loss or damage arising from any download or your use of this App, including any viruses, system failure, consequential, indirect, incidental, special or direct loss or damage to your systems.
9.3 In all cases, our liability is limited to the amount paid by you to us in the last six (6) months for any service.
9.4 Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use are governed by the laws of QLD which are in force from time to time and both you and we agree to submit to the jurisdiction of the Courts of QLD for determining any dispute concerning these Terms of Use.
Privacy Policy
SureText is a registered Australian business that develops apps to improve day-to-day workflows for healthcare providers in Australia. When we refer to “we” or “our” or “SureText” we are referring to the Australian business ‘SureText’. This Privacy Policy applies to SureText’s use of personal information provided by you via our app, website or email. This Privacy Policy does not apply to health information managed by SureText applications. When SureText manages this data on our users’ behalf, we do so in accordance with Commonwealth, State and Territory Acts (the “Privacy Acts”). SureText prioritises protecting your personal information. When you provide uSureText is a registered Australian business that develops apps to improve day-to-day workflows for healthcare providers in Australia. When we refer to “we” or “our” or “SureText” we are referring to the Australian business ‘SureText’. This Privacy Policy applies to SureText’s use of personal information provided by you via our app, website or email. This Privacy Policy does not apply to health information managed by SureText applications. When SureText manages this data on our users’ behalf, we do so in accordance with Commonwealth, State and Territory Acts (the “Privacy Acts”). SureText prioritises protecting your personal information. When you provide us such information, we will comply with all applicable data protection and privacy laws in Australia. When a user signs up to SureText we collect the following information
• Title, first name and surname
• AHPRA number
• Work email address
• Mobile number
• Healthcare profession
• Profile picture
• Primary place of practice.
While visiting our website SureText also uses cookies and collects IP addresses (a number that can uniquely identify a specific device on the internet). SureText would only use your personal information for legitimate purposes, including the following activities:
• Provide SureText communication services including user management
• Provide you with information in responding to requests made via email, app or website.
• Verify your identity
• Seek feedback to improve the products we create
• We may use your personal information to ask whether you are interested in updates to our products and services. You always have the right to opt-out of receiving such information by contacting us. We use cookies and third party analytics services such as Google Analytics on our website and social media pages to:
• see how you interact with the website and how often you visit
• allow you to share pages with social networks like LinkedIn
• block any disruptive use
• perform data analysis and research to improve our website and services.
Under normal circumstances, SureText will not share your personal information outside our organisation. We will not use your information for purposes other than those described above unless you consent or as permitted by Australian law (including for law enforcement or public health and safety reasons). Any personal information you provide to us will be held in third party servers located in Australia. Your personal information will be accessed by staff located in Australia for the purposes described in the section above. We will take all reasonable precautions to protect your information from misuse, unauthorised access or destruction. A variety of physical and electronic security measures protect the personal information that we hold, including:
• restricted access to personal information;
• using industry standard firewalls and security practices to protect personal information;
• using technology products to prevent unauthorised computer access to our network and databases.
In the event of unauthorised access or disclosure of personal information that is likely to result in serious harm to you, we will investigate and notify you and the Australian Information Commissioner, in accordance with the Privacy Act. If you have any questions about our use of personal information, or if you believe we have not complied with this privacy policy please contact us. We take privacy seriously and would endeavour to resolve any issues within 20 business days. If privacy concerns remain, you can also make a formal written complaint to the Officer of the Australian Information Commissioner: Office of the Australian Information Commissioner (OAIC) GPO Box 5218 Sydney NSW 2001 enquiries@oaic.gov.au. This Privacy Policy may be updated from time to time. The date of the most recent revisions will appear on this webpage. If you do not agree to this policy, please do not submit personal information to SureText. such information, we will comply with all applicable data protection and privacy laws in Australia. When a user signs up to SureText we collect the following information • Title, first name and surname
• AHPRA number
• Work email address
• Mobile number
• Healthcare profession
• Profile picture
• Primary place of practice.
While visiting our website SureText also uses cookies and collects IP addresses (a number that can uniquely identify a specific device on the internet). SureText would only use your personal information for legitimate purposes, including the following activities:
• Provide SureText communication services including user management
• Provide you with information in responding to requests made via email, app or website.
• Verify your identity
• Seek feedback to improve the products we create
• We may use your personal information to ask whether you are interested in updates to our products and services. You always have the right to opt-out of receiving such information by contacting us.
We use cookies and third party analytics services such as Google Analytics on our website and social media pages to:
• see how you interact with the website and how often you visit
• allow you to share pages with social networks like LinkedIn • block any disruptive use • perform data analysis and research to improve our website and services. Under normal circumstances, SureText will not share your personal information outside our organisation. We will not use your information for purposes other than those described above unless you consent or as permitted by Australian law (including for law enforcement or public health and safety reasons). Any personal information you provide to us will be held in third party servers located in Australia. Your personal information will be accessed by staff located in Australia for the purposes described in the section above. We will take all reasonable precautions to protect your information from misuse, unauthorised access or destruction. A variety of physical and electronic security measures protect the personal information that we hold, including: • restricted access to personal information; • using industry standard firewalls and security practices to protect personal information; • using technology products to prevent unauthorised computer access to our network and databases. In the event of unauthorised access or disclosure of personal information that is likely to result in serious harm to you, we will investigate and notify you and the Australian Information Commissioner, in accordance with the Privacy Act. If you have any questions about our use of personal information, or if you believe we have not complied with this privacy policy please contact us. We take privacy seriously and would endeavour to resolve any issues within 20 business days. If privacy concerns remain, you can also make a formal written complaint to the Officer of the Australian Information Commissioner: Office of the Australian Information Commissioner (OAIC) GPO Box 5218 Sydney NSW 2001 enquiries@oaic.gov.au. This Privacy Policy may be updated from time to time. The date of the most recent revisions will appear on this webpage. If you do not agree to this policy, please do not submit personal information to SureText.