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(a) the website at sportsconcussionaustralasia.com and/or at sportsconcussionaustralia.com (“Site”);
(b) software applications for use on smart phones, tablets or computers (“Applications”);
(c) other products provided in connection with the Programme (“Products”), including but not limited to branded cards, key rings and publications; and
(d) concussion tools made available through the Programme (“Tools”), including but not limited to the Computerized Cognitive Assessment Tool (“CCAT”).
The Axon Sports Computerized Cognitive Assessment Tool (“CCAT”):
Disclaimer of Warranties and Limited Liability of Sports Concussion Australasia™:
Privacy of Information:
Use of a password on the Sports Concussion Australasia™ Site:
Credit Card Data:
Advertisements and Links to Other Sites:
Sports Concussion Australasia Pty Ltd ABN 93 155 451 317 (“SCA”) in partnership with its sponsor, Aspen Pharma Pty Limited ABN 88 004 118 594 (“Sponsor”), provides the Sports Concussion Australasia™ programme (“Programme”), which incorporates the information and services provides via the website at www.sportsconcussionaustralasia.com and via smart phone/tablet applications, on an “as is” basis. The Programme also includes a computerised cognitive function test known as the Computerised Cognitive Assessment Tool (“CCAT”), a software program developed by Cogstate Limited ABN 80 090 975 723 (“Cogstate”), as a component of the Programme. In this document, “Publishers” means SCA and the Sponsor and Cogstate, jointly and severally, and includes their respective directors, officers, employees, shareholders and agents.
The Programme is designed for use by athletes, coaches, parents, trainers, sport officials, and medical health professionals to provide information about, and assist in the preliminary diagnosis of, concussion. Whilst SCA endeavours to provide accurate concussion management guidelines through the Programme, the Publishers make no warranties in relation to the accuracy or completeness of the content of the Programme. Each user of the Programme (“User”) acknowledges and agrees that the Programme is not a substitute for examination by a medical professional and the User relies on the Programme entirely at their own risk. Each User hereby releases and indemnifies the Publishers from and against any and all liability, claims, awards, judgments, loss (including but not limited to loss of business and loss of profits), damages, costs and/or expenses (collectively, “Damages”) arising from their use of or reliance on the Programme.
To the fullest extent permitted by law, except for any liability that cannot be excluded by law (including the Non-Excludable Guarantees defined below), the Publishers hereby exclude any and all Damages arising out of or in connection with the Programme or the reference or reliance by the User or any other person on the information or services rendered by the Programme, howsoever and whensoever arising (whether indirectly or indirectly caused and whether or not arising from negligence or from treatment suggested in the Programme), or anything connected or related thereto.
The above exclusions and limitations apply only to the extent permitted by law and do not limit, exclude, modify or purport to limit, exclude or modify the statutory consumer guarantees or implied warranties provided under the Competition and Consumer Act, ASIC Act, Consumer Guarantees Act or similar consumer protection laws (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Publishers exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the App.
Use of the Programme by a person under the age of 18 years is conditional upon a parent or guardian of such User agreeing to the above for and on behalf of the User.
(a) an individual adult, a person under 18 years of age (“Child”), or a Child under 13 years of age (“Young Child”);
(b) a parent or legal guardian registering for or using the Services on behalf of a Child (“Parent/Guardian”) or a person acting on behalf of and with the authority of a Parent/Guardian (“Authorised Agent”);
(c) an organisation, such as a school, sporting organisation or medical provider, which uses the Services or purchases CCAT vouchers for distribution to individuals or registers for the Services on behalf of a Child with the consent of his/her Parent/Guardian (“Institutional Users”).
Registration and Personal Information:
- User’s name, date of birth, sex and contact information (email address, mailing address, phone number).
- Schools or sports clubs the user attends or participates in, including contact information (mailing address, phone number and email address).
- User’s medical provider, including contact information (mailing address, phone number and email address).
- User’s Parent/Guardian’s name(s) and contact information (mailing address, phone number and email address).
Sharing of Information by Users:
Use of the Services by Children:
Accuracy and Security of Your Information:
Website Clickstream Data and Cookies:
Use of Your Information by SCA:
Disclosure of Your Information:
Right to change the Policy:
Last updated 22 November 2013
HeadSmart™ Sports Concussion Programme © 2012 – 2017 R. Kohler Pty Ltd. ABN: 13293101456. All Rights Reserved