Sports Concussion Australasia Pty Ltd ABN 93 155 451 317 (“SCA”) provides the Sports Concussion Programme (hereafter referred to as SCP) 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 SCP 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 SCP and Cogstate, jointly and severally, and includes their respective directors, officers, employees, shareholders and agents.
The SCP is designed for use by athletes, coaches, parents, trainers, sport officials, and medical health professionals to provide information about, and assist in the preliminary recognition of concussion only. Whilst SCP endeavors to provide accurate concussion management guidelines through the SCP, the Publishers make no warranties in relation to the accuracy or completeness of the content of the SCP. Each user of the SCP (“User”) acknowledges and agrees that the SCP is not a substitute for examination by a medical professional and the User relies on the SCP entirely at their own risk. Each User hereby releases and indemnifies the SCP, its 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 SCP.
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 SCP or the reference or reliance by the User or any other person on the information or services rendered by the SCP, howsoever and whensoever arising (whether indirectly or indirectly caused and whether or not arising from negligence or from treatment suggested in the SCP), 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, Tools or any component of a customised concussion programme.
Use of the SCP 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.
Use of the Services by Children:
- The content on the Services, including the CCAT, is designed and intended to be used by a Child only with the express consent and under the supervision of a Parent/Guardian (or, in the case where an Institutional User is supervising use of the Services and/or distributing CCAT vouchers to a Child, with the consent and supervision of such Institutional User acting as the agent of the Parent/Guardian within the context of a legally binding, written consent form signed by the Parent/Guardian which is broad enough to cover such consent and supervision.
- Except for the purposes of obtaining that Parent/Guardian’s verifiable consent, the SCP knowingly collects Personally Identifiable Information from a person, the SCP actually knows is under the age of 10 years only with the verifiable consent of a Parent/Guardian or Institutional User.
- The SCP does allow a Child’s Parent/Guardian or their Authorised Agent to either directly establish a user profile for that child or to provide SCP with verifiable consent to the Child’s registration for the Services.
- For all users under the age of 18, whether older or younger than 13, the Parent/Guardian or an Authorised Agent is solely responsible for providing supervision of the Child’s use of the Services and a Parent/Guardian or Authorised Agent who registers on behalf of a Child shall assume full responsibility for ensuring that the registration information is kept secure and that the information submitted is accurate and complete.
- Any such Parent/Guardian or Authorised Agent also assumes full responsibility for the interpretation and use of any information or suggestions provided through the Services related to that Child.
- If a Parent/Guardian grants permission to an Institutional User to register a Child for use of the Services, such Institutional User is responsible for ensuring that the registration information is kept secure and that the information submitted is accurate and complete.
Accuracy and Security of Your Information:
- The SCP takes reasonable steps to ensure that the Personally Identifiable Information or Other Personal Information we collect is accurate, complete and up-to-date. To this end, we encourage all users to check the information that they provide and the information contained in their registrations and to correct any errors or incomplete information.
- At any time, you (or the Parent/Guardian of a Child) may request to see the Personally Identifiable Information or Other Personal Information that the SCP or an authorised third party may have about you (or your Child), and may request in writing that such Personally Identifiable Information be permanently deleted from our database or the database of authorised third parties or that the information be corrected. Any such requests should be made in writing to: Sports Concussion Australasia™, 19 Hazelgrove Street, Harrison, ACT, 2914.
- The SCP takes reasonable steps to secure protect and to prevent misuse, loss and unauthorised access, modification or disclosure of Personally Identifiable Information and Other Personal Information.
Website Click stream Data and Cookies:
- When you visit the Site, our server collects some anonymous information, known as “Click-Stream Data”, including: the type of computer/device you are using; the operating system your computer/device is running; the web browser you are using; the address of the website you have come from and the website you go to after your visit; the date and time of your visit; and your server’s IP address. We may collect this information for statistical purposes to find out how the Site is used and navigated (including the number of hits, the frequency and duration of visits, most popular session times, most popular pages, etc.) and may use this information to evaluate and improve our Site performance.
- A “cookie” is a piece of information that our web server may send to your computer/device (smart phone, tablets etc) when you visit our Site. The cookie is stored on your computer/device, but does not identify you or give us any information about your computer/device. A cookie helps us to recognise you when you visit our Site again and to co-ordinate your access to different pages on the Site. With most web browsers, you can block or erase cookies from your computer/device, but if you do this, you may not be able to access some features of the Site. This also applies to applications for smart phones, tablets and other mobile devices.
Use of Your Information by the SCP:
- The SCP may use Personally Identifiable Information, Other Personal Information and Click-Stream Data (collectively, “Information”) to store and process that information to improve our goods and services.
- The SCP may occasionally send users newsletters, special offers or promotions, and information on products and services that we consider will be of interest to you, and may contact users as part of market research. By using the Services, you consent to such uses, including contacting you via telephone calls and electronic messages, for an indefinite period, unless you notify us otherwise.
Disclosure of Your Information:
- Except as set forth in this Policy or as specifically agreed to by you, the SCP will not disclose any Information gathered from you on the Services.
- You agree that the SCP may release Information: (1) to comply with valid legal requirements such as a law, regulation, search warrant, subpoena or court order; or (2) in response to a physical threat to you or others, to protect property or defend or assert legal rights. In the event that the SCP is legally compelled to disclose your Information to a third party, the SCP will attempt to notify you unless doing so would violate the law or court order. In addition, the SCP may disclose Information as described below.
- The SCP programming and service providers may have, or be granted from time-to-time, limited access to your Information in the course of providing services to the SCP in support of the Services. Such third party providers may include vendors and suppliers that provide the SCP with technology, services, and/or content for the operation and maintenance of the Services.
- These contractors also may have access to your email address to send newsletters or special promotions to you on the SCP behalf or to send emails to you for purposes such as conducting market research for the SCP, and by using the Services you consent to receive such newsletters, special promotions or marketing research inquiries, including via telephone calls and electronic messages, for an indefinite period, unless you notify us otherwise.
- Access to your Personally Identifiable Information by these contractors is limited to the information reasonably necessary for the contractor to perform its limited function for the SCP. The SCP requires all third party service providers to execute binding agreements in which the third party agrees to: (1) protect the privacy of your Personally Identifiable Information consistent with this Policy, and (2) not use or disclose your Personally Identifiable Information for any purpose other than providing the SCP with products and services as required by law.
- The SCP stores Personally Identifiable Information and Other Personal Information in computer servers located in Australia and New Zealand. If you reside in a country outside these jurisdictions, you consent to the SCP transferring your Personally Identifiable Information and Other Personal Information to the above jurisdiction.
- If you provide your consent, the SCP may also provide your Personally Identifiable Information and Other Personal Information to its sponsors and those sponsors may use that information to contact you for promotional, marketing and research purposes, including contacting you via telephone calls and electronic messages, for an indefinite period until you notify us otherwise.
This Agreement is intended to set out the contractual terms and conditions under which all users and potential users (“User” or “Users”) are permitted to use the SCP, which includes:
(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 wallet cards, key ring, school & club concussion programmes and publications; and
(d) concussion tools made available through the Programme (“Tools”), including but not limited to the Computerized Cognitive Assessment Tool (“CCAT”).
- Each User’s participation in any suggested activity is entirely voluntary.
Concussion FirstAid Kit:
- The Concussion FirstAid Kit is intended to be used by medical practitioners to assist in guiding diagnoses and medical decisions regarding whether patients are able to return to playing sports.
- Where specifically indicated certain concussion tools or Apps (Firstresponder) may be used by responsible adults who are not medically qualified. Use of the App by the User means that the User assumes full responsibility for the use and outcome derived from the App and will not hold the SCP liable for any damages or losses.
- Medical practitioners need to use these Tools in the context of sound clinical reasoning and individualized medical management based on sound evidence-based principles.
- The Tools, in isolation, are not substitutes for clinical knowledge and skills.
The Website Information:
- The information which is available through the SCP, such as articles for scholarly publications, and other material contained on the Site, Applications, Products and Tools, are provided to you for informational purposes only and are free to download for use in clinical practice to assist with clinical decision making.
- Traumatic brain injury (“TBI”) and Sports-Related Concussion (“SRC”) are potentially serious medical conditions and doctors, athletes, parents, guardians, coaches, physiotherapists, exercise physiologists (sports trainers) and sports officials should always take a conservative approach to treatment.
- If it is suspected that an athlete may have sustained a TBI and/or SRC, they should immediately seek the care of a “Concussion Care Provider” and if necessary be referred to a “Concussion Care Consultant” or consult another medical professional.
- No parent, guardian, coach, athlete, physiotherapist or exercise physiologist (sports trainer) should ever make a decision as to whether an athlete has sustained a TBI and/or SRC, nor should they decide whether an athlete who has sustained a TBI / SRC is ready to return to sport,school or work.
- The Tools and information provided through the Programme are not intended as, and should not be taken as a substitute for, medical advice.
The Axon Sports Computerized Cognitive Assessment Tool (“CCAT”):
- The CCAT test is administered by Axon Sports, LLC (“Axon Sports”).
- The CCAT provided through the Programme is designed solely to provide a doctor or other qualified medical professional with additional information that may prove helpful in making a decision as to whether a SRC has occurred or assist “Concussion Care Providers” in determining when an athlete may safely be cleared to return to sport, school or work.
- The CCAT is not of itself intended for the purpose of diagnosis of injury or disease.
- Results of a CCAT should only be considered and interpreted along with physical symptoms and other relevant medical information by medical practitioners or “Concussion Care Providers” and should never be used on a stand-alone basis to determine whether an injury has occurred or whether an athlete may safely be cleared to play.
- If you are suffering from symptoms that may be related to a concussion or some other serious medical condition, you should immediately stop using the Programme and the CCAT and seek the attention of a doctor or other qualified medical professional.
Disclaimer of Warranties and Limited Liability of the SCP:
- The SCP Site and Applications require transmission of your personal data as a process registering as a “Member” and gaining access to certain features necessary for purchasing of CCAT and through responses to the CCAT via media connections that are beyond the control and supervision of the SCP.
- To the maximum extent permitted by law, the SCP and its sponsors and their affiliates (jointly and severally, “Publishers”, including their respective directors, officers, employees, shareholders and agents) therefore disclaim any and all liability for or relating to the delay, failure, interruption, corruption or loss of any data transmitted in connection with use of the Programme and/or the CCAT.
- To the maximum extent permitted by law, the Publishers disclaim and exclude any and all terms, warranties and consumer guarantees as to the SCP, the CCAT, or to any services provided through the SCP, whether express or implied, including but not limited to, any implied warranties in relation to the merchant facility, infringement satisfactory quality, accuracy or fitness for a particular purpose and all warranties arising from course of dealing or usage of trade. Without limiting the foregoing but to the maximum extent permitted by law, in no event will the Publishers (whether based in contract, tort, strict liability or any other legal theory) for any indirect, incidental, special or consequential damages arising out of the use of or the inability to use the Site, Applications, Products, Tools, or any portion thereof, and in any event the loss of use of the Site, Applications, Products, Tools, inaccurate results, loss of profit or damages stemming from the loss or corruption of data or data being rendered inaccurate, the cost of recovering any data, and including, without limitation, claims related to diagnostic accuracy and/or medical malpractice and/or personal injury, even if the Publishers have been advised of the possibility of such damages.
- To the maximum extent permitted by law, the Publishers expressly disclaim any representations or warranty related to the accuracy, reliability, completeness, correctness, or timeliness of the Site,Applications, Products, Tools,articles or advice provided to you through the Programme, links that may appear on the Site or Applications, and other materials that may be made available to you from time to time in connection with the SCP.
- 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 Programme.
- Minors (under the age of 18 years) may only use the SCP (including access to the Site) with the consent and permission of their parent and/or legal guardian.
- The SCP advises that parents should make the important decision regarding when and how their minor children use the Programme and the CCAT. When a minor child registers on the Programme or to take the CCAT, the registration process requires the minor child to supply the name, address, phone number and email address of a parent.
- Content in the SCP, including but not limited to the Sports Concussion Australasia ™ Site, Applications, Products and Tools (“Content”) are protected by the intellectual property laws in Australia, including copyrights, trademarks and/or service marks. All right, title and interest in and to the Content shall remain solely with the SCP or its affiliates or the providers of the Content licensed for use by the SCP.
- Any use of the SCP and/or Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. the SCP reserves the right to alter, change or modify without notice the SCP and Content.
- In the event any User violates any of these Terms, that User’s license to use the the SCP (including the Site, Applications, Products and Tools) shall automatically and immediately terminate and that User will be required to immediately destroy any copies they have made of any portion of the Site. However, the SCP license to use any User Information provided by the User will continue indefinitely.
Use of a password on the SCP Site:
- Creating a profile as registration with the SCP or registering for the CCAT, all Users will choose and register with SCP a unique password which will enable them to access certain portions of the Site/Applications or take the CCAT. No two Users may have the same password.
- This password will also allow Users to provide and store certain information on the Site/Applications. Once a password has been created, Users shall be solely responsible for taking all reasonable steps to ensure that no unauthorized person shall gain access to their password. Users shall be solely responsible for the safekeeping of their password, authorizing use of such password, contacting SCP immediately upon learning of a misappropriation of such password and/or requesting to deactivate your password.
- Users grant SCP and all other persons or entities involved in the operation of the SCP the right to transmit, monitor, retrieve, store, and use this information in connection with the operation of the Site/Applications.
Credit Card Information:
- In purchasing CCAT on the Site, Users may be required to provide information required to complete the payment, including but not limited to a valid credit card number, expiration date, and CCV code (“Payment Information”) at the time they purchase the CCAT or any other product or service offered by SCP.
- Users agree to pay any and all charges resulting from any purchase of the CCAT or other product or service and, by providing Payment Information, Users represent and warrant that they are the authorised user of the credit card.
- Users agree that SCP may submit Payment Information and related User Information to SCP service provider(s) solely for their use in charging Users for the purchase of the CCAT or other products or services offered by SCP.
- The SCP reserves the right to modify the pricing of the CCAT or any other product or service from time-to-time with or without notice.
Advertisements and Links to Other Sites:
- The SCP may provide from time to time links to third-party web sites on the Site and Applications. The SCP is not responsible for the content provided through third-party sites linked from time-to-time to the Site/Applications or advertisements displayed on the Site/Applications, and do not make any representations regarding their content, accuracy or non-infringement. Users agree that any use of third-party links is at their own risk and subject to the terms and conditions of use for such sites.
- All Users expressly agree that the results of the Tools including CCAT (except for Concussion FirstResponder™)are intended to be evaluated solely by qualified medical professionals as a tool for assessing cognitive performance relative to a pre-established baseline.
- The Concussion FirstResponder™ tool is for persons who are not medically qualified to recognize symptoms of concussion and seek medical attention should any warning signs occur.
- The Tools are not intended to determine whether an athlete has suffered an injury, or whether an injured athlete is ready to return to play and any such interpretive use by Users other than qualified medical professionals is an express violation of these Terms.
- Users expressly agree to defend, indemnify, and hold harmless SCP, its sponsors, Axon Sports, their affiliates, and their respective officers, directors, shareholders, agents, licensors, suppliers, successors and assigns from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable attorney’s and accounting fees, resulting from, or alleged to result from any violation of these Terms, regardless of whether such violation is intentional, negligent or inadvertent.
- These Terms and the rights, obligations, liabilities, and responsibilities of the parties hereto, shall be governed and interpreted in accordance with the laws of the Commonwealth of Australia, without reference to the conflicts of laws principles of that or any other jurisdiction. The invalidity of any provision of these Terms by any court having competent jurisdiction shall not affect the validity of the remaining provisions of these Terms which shall remain in full force and effect.
- The waiver by SCP of any default or breach of these Terms will not constitute a waiver of any other or subsequent default or breach. No act, delay or omission on the part of SCP will be deemed a waiver unless expressly made in writing.
- These Terms constitute the complete agreement between SCP and the User, and supersede all prior or contemporaneous agreements or representations, written or oral, concerning the use of the Programme and the CCAT. This Agreement may be modified or amended from time to time, provided that SCP notifies Users of such modification, at which time each User shall either accept such modifications or de-activate their account and immediately cease using the Site, Applications, Products and Tools.
Registration and Personal Information:
- Although many aspects of the Services are available to users without having to register, some of the content and functionality of the Services, including the ability to take and review the results of the CCAT, may require you or your Child to register. If you or your Child register for the Services for whatever intention or gain access to other content or functionality using the Services, you or your Child will be required to submit information which could be used to personally identify you or your Child (“Personally Identifiable Information”) and/or other personal information about you or your Child (“Other Personal Information”).
- Personally Identifiable Information may include any or all of the following for all classes of site users:
– 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
– 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).
- The SCP only collects Personally Identifiable Information and Other Personal Information which is essential to the beneficial use of the Services, and will never collect the following information: Passport numbers, Medicare numbers, drivers license number, bank account numbers or other sensitive information (such as information about racial or ethnic origins or political or religious beliefs) unless you voluntary provide this information.
- In the event that the registration or use of the Services calls for payment, the SCP may collect additional information needed to process such payments (“Payment Information”), such as information regarding your Credit Card, Pay Pal Accounts or other on-line payment mechanisms.
- All Payment Information will be encrypted and processed by accredited third party providers, and will not be retained by SCP upon successful completion of the transaction, unless you specifically elect to retain such Payment Information in your account.
- The SCP may also collect Personally Identifiable Information and Other Personal Information when users contact us to make inquiries or enter promotions, for example, even if they have not registered.
Sharing of Information by Users:
- If you or your Child either receive your CCAT voucher from an Institutional User such as a school, sports club or medical provider, or you or your Child elect to share your CCAT results with an another User, some of the Personally Identifiable Information and Other Personal Information collected from you or your Child will be shared with that User, including CCAT results.
- The sharing of this information is important to the implementation of the CCAT by a User as part of a concussion management program, as it allows trainers, physicians and coaches to ensure that each team member has completed an acceptable Baseline CCAT test and to allow those Users to access stored Baseline CCAT tests in the event of an injury.
- If you or your Child elects to use that voucher to register for the CCAT, you will be asked to share some of the Personally Identifiable Information described above and Other Personal information with the User who provided the voucher. The information shared will be the Athlete’s name, CCAT results, dominant hand and birth year.
- If you do not wish to share your information or that of your Child with that User, you should not accept the voucher from that User, and should instead register directly with Axon Sports and purchase a voucher for yourself or your Child.