Welcome to Glucomate ('Glucomate' or the 'Application'). The Application provides you with an opportunity to view information about blood glucose readings that exist in the HealthKit database on your mobile device.
The Application is owned and operated by Harbour City Software Pty Ltd (ABN 40 638 348 455). Access to and use of the Application, is provided by Harbour City Software Pty Ltd. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of its related services, immediately.
Harbour City Software Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Harbour City Software Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
You accept the Terms by using or browsing the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Harbour City Software Pty Ltd in the user interface.
Glucomate contains an optional yearly subscription, and/or in-app purchase in exchange for unlocking additional features. A taste of some features is available for free, and all features can be trialled through a Demo Mode. Payment is charged to your Apple ID account. Subscriptions and trials renew automatically unless cancelled at least 24 hours prior to expiry of the current period. To turn off auto-renew, and/or to manage your subscription, visit your iTunes/App Store account settings.
Harbour City Software Pty Ltd cannot offer refunds for Subscription purchases or in-app purchases. Payment and billing is managed by Apple through your iTunes/App Store account. You can reach out to Apple to request a refund, however, all Subscriptions may be final and non-refundable.
Harbour City Software Pty Ltd may, at any time and for any reason, change, modify, or eliminate Subscription features, with or without notice.
You acknowledge that Harbour City Software Pty Ltd does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the application other than provided for pursuant to these Terms.
Harbour City Software Pty Ltd makes every effort to ensure the data in Glucomate is current and accurate, however, you acknowledge there may be errors, omissions, discrepancies and will not rely on the application as a guaranteed source of information. You agree to use it only as a guide. Glucomate is not a medical device, nor should it be used for any medical decisions.
Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) Harbour City Software Pty Ltd will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with your use of the application, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Application and any of the products of Harbour City Software Pty Ltd is at your own risk. Everything on the Application, and the Products of Harbour City Software Pty Ltd, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Harbour City Software Pty Ltd make any express or implied representation or warranty about its Content or any products referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Application, or any of its Content related products (including third party material and advertisements on the Application);
(c) costs incurred as a result of you using the Application or any of the Products;
(d) the Content or operation in respect to links which are provided for the User's convenience;
(e) any failure to complete a transaction, or any loss arising from e- commerce transacted on the Application; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Harbour City Software Pty Ltd. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Harbour City Software Pty Ltd will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
You expressly understand and agree that Harbour City Software Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Harbour City Software Pty Ltd is not responsible or liable in any manner for any data shown in the Application whether posted or caused by users of the Application.
You agree to indemnify Harbour City Software Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any use of the Application; (b) any direct or indirect consequences of you accessing, or using the Application or attempts to do so and any breach by you or your agents of these Terms; and/or (c) any breach of the Terms.
In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
The Terms will continue to apply until terminated by either you or by Harbour City Software Pty Ltd as set out below.
If you want to terminate the Terms, you may do so by uninstalling the Glucomate mobile application from your device, using standard system methods for removing it.
Harbour City Software Pty Ltd may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Harbour City Software Pty Ltd is required to do so by law;
(c) the partner with whom Harbour City Software Pty Ltd gets the data from has terminated its relationship with Harbour City Software Pty Ltd or ceased to offer the data;
(d) Harbour City Software Pty Ltd is transitioning to no longer providing the Application to Users in the country in which you are resident or from which you use the service; or
(e) the provision of the Application to you by Harbour City Software Pty Ltd is, in the opinion of Harbour City Software Pty Ltd, no longer commercially viable.
When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Harbour City Software Pty Ltd have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.