myNarval Terms of Use

THE CONTENT AVAILABLE THROUGH THIS SERVICE, OR COMMUNICATED TO YOU DIRECTLY OR THROUGH THE APP, WEBPAGE, TOOL, TEXT MESSAGE, EMAIL OR OTHER METHOD, IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGEMENT OF A HEALTHCARE PROFESSIONAL. Resmed DOES NOT, THROUGH THIS SERVICE OR ITS AVAILABLE FUNCTIONS, PROVIDE MEDICAL ADVICE, MEDICAL PRESCRIPTIONS, TREATMENTS, OR DIAGNOSTIC SERVICES. ADDITIONALLY, THE USE OF THE CONTENT OBTAINED THROUGH THIS SERVICE, AND INFORMATION PROVIDED BY Resmed IN CONNECTION WITH YOUR USE OF THE SERVICE, DOES NOT ESTABLISH A CLINICIAN-PATIENT RELATIONSHIP. DO NOT RELY ON THIS SERVICE TO DIAGNOSE, TREAT, CURE OR PREVENT ANY HEALTH CONDITION.

We do not provide advice to you on any issues relating to medical treatment, diagnosis or clinical support, and such advice does not form part of the Service. The content and the Service are intended solely as a resource and informational tool. Always seek the advice of a physician or other qualified health provider for any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of something you have seen or read on this Service or through the App, webpage or tools connected with the Service. We are not medical professionals and will not discuss with you, or advise you on, issues relating to medical treatment or diagnosis.

Ownership

All technology, content, text, images, graphics, videos, data, information, analysis, logos, user interface and other material displayed, used, available or present on this Service, including any intellectual property rights, such as without limitation trademarks, service marks and copyrights, are the property of Resmed, its affiliates, its licensors or the designated owners, and are protected by applicable intellectual property laws.

Authorised and prohibited uses

You may download and temporarily store one or more pages of this Service for the purposes of viewing them and print copies of the content, provided that any such downloading or printing is only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these Terms of Use and applicable laws. Except as may otherwise be expressly authorised by these Terms of Use, you may not otherwise store, reproduce, copy, sell, transmit, publish, distribute, modify, display, use or otherwise exploit any aspect of this Service or the content without our prior written permission.

Software downloads

Where applicable, any Resmed software made available to download from this Service is made available solely for your non-commercial, informational, personal use, pursuant to the applicable end user licence agreement. Any reproduction or redistribution other than as permitted in the applicable licence is expressly prohibited by law.

Compliance copyright inquiries

In accordance with the Digital Millennium Copyright Act of 1998, Resmed will respond promptly to any claims of copyright infringement committed via our webpages or online applications. All written notices should be sent to: Legal Department – Intellectual Property, 9001 Spectrum Center Blvd, San Diego, CA 92123, copyright@Resmed.com.

Registration and passwords

At times, we may require you to have a password and provide registration details to access this Service or portions of this Service. To the extent that we require a password and registration details, the details you provide must be correct, current and complete. If Resmed believes that the details are not correct, current and complete, we have the right to refuse you access to the Service, or any of its resources, and subject to applicable local laws to terminate or suspend your account.

To contact the technical myNarval support team, please use the following contact details: mynarval@Resmed.com.

You must maintain the confidentiality of any passwords you are given to access this Service. You agree to notify us immediately of any unauthorised use of your password.

Updates to the Service

We may enhance or add any functionality of the Service or substitute it with improved functionality to improve our Service for you.

Updates and upgrades to the App

Access to, and use of, the Service are provided in conjunction with software licensed by Resmed to the user of the Service. The App may automatically download updates and upgrades relating to the Service by various means, including Bluetooth wireless technology, Wi-Fi and cellular networks. Such updates and upgrades may include bug fixes, error corrections, security patches, and new versions and releases of the App.

Access arrangements and fees

Your use of this Service will be in accordance with these Terms of Use. You must procure and are responsible for all software, hardware, interconnections, fees, expenses, costs and taxes for you to access or use this Service. We do not currently charge a fee to use this Service, but we do not warrant that the Service, or all Service features, will always be free of charge.

Linking

Unless otherwise agreed between you and Resmed, you must not link to any page of this Service except a direct link to the top page, for example Resmed.com/mynarval, without framing.

Access to the Service

While it is Resmed’s objective to make the Service accessible 24 hours per day, seven days per week, the Service may be unavailable from time to time for any reason including routine maintenance. Access to the Service may be interrupted, suspended or terminated from time to time.

Uptime targets

Applicable only for users located in Europe, the Middle East and Africa: Resmed shall use reasonable efforts to meet the following uptime target during local Resmed business hours in a given calendar quarter: 90%.

Termination of the Service

We may suspend or terminate the Service on notice to you if you are in breach of these Terms of Use, until such time as you remedy that breach, and we may terminate the Service for convenience by providing you with not less than 14 days’ prior notice. You are entitled to terminate at your own discretion, which takes effect within 24 hours following the deletion of your account or the withdrawal of your consent for processing your personal data.

Limitations of the Service due to reliance on third parties

The Service relies on certain third-party providers, including mobile operating system vendors and mobile carriers. These providers are not our subcontractors, are beyond our control and their services may not operate in a reliable manner or be available 100% of the time.

THIS SERVICE, ITS CONTENT AND ITS LINKS ARE PROVIDED ON AN “AS IS” BASIS AND ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. Resmed DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS SERVICE.

For users in Australia: Resmed’S GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER AUSTRALIAN CONSUMER LAW.

For users in North, South and Central America, and the Asia-Pacific region: Resmed’s entire liability and your exclusive remedy with respect to any dispute with Resmed is to discontinue your use of the Service, subject always to applicable law.

For users in Europe, the Middle East and Africa apart from Germany: to the extent permitted by applicable laws, Resmed will not be liable for any loss of profits, revenue, contracts or anticipated savings, indirect or consequential losses that were not foreseeable, or losses caused by events outside of our reasonable control.

For users in Germany: Resmed is liable in accordance with applicable German law, including the specific rules for intent, gross negligence, simple negligence and mandatory liability.

Third-party webpages and other information

This Service may contain, as a convenience to you, content, links and other information submitted by third parties over whom Resmed has no control. Use of such third-party webpages may be subject to a third party’s terms and conditions and is at your own risk.

Assignment

You may not assign, novate or otherwise transfer any of your rights under these Terms of Use. Resmed may assign, novate or transfer contractual rights and obligations pursuant to these Terms of Use if some or all of the business of Resmed is transferred to another entity.

Language

For users in Japan: if you select a non-Japanese language, then certain product information may not be applicable in Japan.

Dispute resolution; applicable law and forum

For users anywhere apart from Europe, the Middle East and Africa: any dispute arising in connection with this Service or these Terms of Use will be governed by the laws of the State of California and resolved by confidential binding arbitration administered by the American Arbitration Association in San Diego, California, or another mutually agreed forum.

For users in Europe, the Middle East and Africa: these Terms of Use and any non-contractual obligations arising out of or in connection with them are governed by the laws of the Republic of Ireland, and the parties submit to the non-exclusive jurisdiction of the courts of the Republic of Ireland.

Modification of Terms of Use

These Terms of Use constitute the complete agreement between you and Resmed with respect to their subject matter and supersede any prior agreement or communication, unless agreed individually. These Terms of Use are subject to change from time to time. We will post notice of modifications and, where required, ask you to re-accept the modified Terms of Use.

Contact information

If you have any questions regarding these Terms of Use or this Service, please contact us by email at mynarval@Resmed.com.