DISCLAIMER

1. General
   1. This application and its related services, products, websites and tools (“Application”) is owned and operated by Breast Cancer Recovery Pty Ltd ACN 117 504 597 (“us” or “we”).
   2. The Application provides general information and discussion about cancer, medicine, health and related subjects.
   3. Before using the Application, you must read this disclaimer and all other policies as
      referred to within our Terms of Use as “Agreements”. The Agreements govern your use of the Application. By signing up or otherwise using the Application you acknowledge and agree that you have read and understood the Agreements, accept the Agreements and agree to be bound by the Agreements. If you don’t agree to be bound by these Agreements, you must not use the Application.
   4. This disclaimer may be updated by us from time to time, and the updated disclaimer will apply from the date it is published in the Application. Each time you use our Application you should revisit this disclaimer.
2. No Medical Advice
   1. The content provided in the Application (“Content”) and in any linked or referred to mate- rials or websites is not and should not be construed as medical advice. The Content is provided as a convenience to you and is to be taken as general information only. Any Content contained in the Application has been considered in the context of certain conditions and subject to assumptions that cannot necessarily be applied to an individual case or particular circumstance.
   2. This Application is not intended to establish a doctor/health practitioner-patient relationship between us and you, nor is it intended to replace the services of a health care professional. The Application is designed to support not replace this relationship. The Application is not a clinical tool and should not be relied on as a substitute for any professional medical or health advice, diagnosis or treatment. We cannot and will not, assume the role of your doctor or other health care professional.
   3. If you think you may be suffering from any medical condition, you should seek immediate medical attention from an appropriately qualified medical practitioner. Protocols and treatment delivered through the Application including exercises, food and nutritional guidelines and sleep and meditation techniques are provided as a general guideline only and are not prescriptive or intended to be a substitute for your own doctor’s or health professionals advice. The protocols and treatment as well as any other Content should always be discussed with your doctor or healthcare professional before adopting. You should not rely on any Content contained in the Application or linked or referred to materials or websites in making medical, health-related or any other decisions of any kind. You should verify the accuracy of any Content with a doctor/health practitioner before relying on it, who will be able to advise you about your own individual medical needs.
   4. If at any time you notice any unanticipated changes to your health (physical, mental or emotional), you should seek medical attention immediately.
   5. You should not rely on any information contained in the Application or linked or referred to materials or websites in making medical, health-related or other decisions.
3. No Representations and Warranties
   1. We provide the Application on an “as-is” and “as available” basis and whilst every effort is taken to ensure the Content and Application is accurate, we make no representations and give no warranties about the currency, suitability, reliability, availability, timeliness and/or accuracy of the Content and the Application for any purpose. Subject to the other terms of this clause and to the maximum extent permitted by any applicable laws, anything contained in this Application is without warranty of any kind and we expressly exclude such warranties. You acknowledge and agree that:
      • we are not responsible for any information made available on the Application;
      • we do not make any representations in relation to the continuing availability of the Application and will not be liable for the Application being unavailable or discontinued;
      • we do not promise that the Application or any Content will be error-free or uninterrupted, or that your use of the Application will provide any specific results;
      • we do not represent or warrant that your use of the Application will meet your particular requirements or provide any desired outcomes (such as cure any disease), whether those requirements are disclosed to us or not;
      • you assume total responsibility for your use of the Application;
      • we do not represent or warrant that the Software or the Application will be virus free or free of performance anomalies or be operational without interruption; and
      • you assume total risk for your use of the Application.
   2. We are based in Australia and make no representation or warranty with respect to whether the Content or the Application is appropriate, legal or comply with applicable laws of other jurisdictions. If you access the site from outside Australia, you do so at your own risk and are responsible for compliance with the applicable laws of your jurisdiction.
   3. All research and evidence-based material used in the Application is referenced to acknowledge the author. All attempts are made to ensure the most up-to-date research and evidence is used, however we make no guarantee in this regard.
4. You are solely responsible
   1. You acknowledge that you are solely responsible for following, or not following, or making an assessment of any advice and/or use of any Content including any exercises, nutrition, sleep cycles and journaling that we provide or recommend via the Application and that we are not responsible for any loss that you may suffer as a result of use of the Application. You should make your own enquiries and obtain your own independent advice in relation to the information contained within the Application and any Content before making any decision or taking any action based on their contents.
5. Links to other websites
   1. Where we provide links to other websites we cannot guarantee that information contained on those sites is correct, up to date or evidence based. We are not responsible for any information contained on any linked sites, or any link contained on a linked site. These links are provided solely as a convenience and not as a guarantee or recommendation by us for the services, information, opinion or any other content on such third party websites or as an indication of any affiliation, sponsorship or endorsement of such third party websites. If you decide to access a linked website, you do so at your own risk.
6. Miscellaneous
   1. This Disclaimer is governed by the laws of South Australia and the Commonwealth of Australia which are in force in South Australia and the parties submit to the jurisdiction of the Courts of South Australia, relevant Federal Courts and Courts competent to hear appeals from them.