Allergy Life Terms and Conditions

Allergy Life Australia is a national non-profit DGR-registered charity organisation dedicated to supporting, advocating and empowering Australians living with allergies.

Throughout the site, the terms “we”, “us”, “our”, “ours”, “Allergy Life” "Allergy Life Australia" “allergylife.com.au” refer to ALLERGY LIFE LTD ABN 63 650 524 824. Allergy Life Australia offers our websites, programs, applications, platforms and initiatives including all information, tools, mobile applications, associated social media platforms and services available from us to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Please read these Terms and Conditions carefully before accessing or using our websites, programs, applications, platforms and initiatives. By accessing or using any part of our websites, programs, applications, platforms and initiatives, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the websites, programs, applications, platforms and initiatives or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

Any new features, tools, websites, programs, applications, platforms and initiatives that are added to Allergy Life Australia shall also be subject to our Terms and Conditions. You can review the most current version of our Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to our websites, programs, applications, platforms and initiatives following the posting of any changes constitutes acceptance of those changes.

Websites, Programs, Applications, Platforms, Initiatives and associated Social Media Platforms
The Allergy Life Australia websites, programs, applications, platforms, initiatives and associated social media platforms contain material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, features, names, branding, technology, concepts and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms and Conditions.

All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the websites, programs, applications, platforms and initiatives. Your access to our websites, programs, applications, platforms and initiatives does not license you to use those marks in any commercial way without our prior written permission.

Unauthorised use of our websites, programs, applications, platforms, initiatives and associated social media platforms may give rise to a claim for damages and/or be a criminal offence.

From time to time, our websites, programs, applications, platforms, initiatives and associated social media platforms may also include links to other websites, services, programs and associated social media platforms. These links are provided for your convenience to provide further information. They do not signify that we endorse them. We have no responsibility for the content of the linked websites, services, programs and associated social media platforms.

Health Care/ Medical Disclaimer
The information provided on Allergy Life Australia websites, programs, applications, platforms and initiatives is to generally educate and inform you about living with allergies, intolerances, and autoimmune conditions, and is not intended as medical instruction or as a substitute for diagnosis, examination and advice by a qualified health care provider. The information is subject to change without notice.

Whilst all reasonable steps have been taken to ensure the accuracy of information provided within our websites, programs, applications, platforms and initiatives, Allergy Life Australia cannot itself verify the findings and materials which are produced by third parties and included within our websites, programs, applications, platforms and initiatives. We encourage you to consult a qualified health care provider if you have any concerns about your health, are starting any health or nutritional related treatment, or for any questions you may have regarding your own or any other party’s medical condition.

Your use of any information, resources or materials on our websites, programs, applications, platforms, initiatives and associated social media platforms is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through our websites, programs, applications, platforms, initiatives and associated social media platforms meet your specific requirements.

MY ALLERGY CARD © Terms of Use (Mobile Application)

These below Terms of Use (“Terms”) govern Users (“you”, “your”) use of the ALLERGY LIFE LTD (“we”, “our”, “us”, "Allergy Life Australia"), MY ALLERGY CARD © mobile application (“App”). By downloading, installing, or using our App, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App.

Use of the App:

  • Eligibility: The app is suitable for users of all ages. Access is subject to the policies of the Apple App Store and Google Play Store.
  • License: We grant you a limited, non-exclusive, non-transferable, and revocable license to use the App for personal, non-commercial purposes.
  • Prohibited Conduct: Users are responsible for ensuring that their use of the App complies with all applicable laws and regulations. You agree not to use the app for any unlawful or prohibited purpose or in a way that could damage, disable, or impair the App’s functionality.
  • Supplied User Information: The information added by the user to the MY ALLERGY CARD © is to generally educate and inform about a person's circumstances, and is created based on supplied user information. This information is for risk reduction and safer living and is not to be used for any other purpose.
  • Terminologies: The terminologies on the app have been created and set up based on best industry and market practices from the experience and expertise of Allergy Life Australia and in the best interest in the benefit of safer and happier living for the user. Allergy Life Australia cannot be responsible for consequences resulting from activities where the App has been presented, that includes but is not limited to ordering meals, ordering drinks, purchasing products or purchasing services.
  • Emergency Use Limitation: This App is designed solely to store and display the user’s allergies, message, and emergency contact details to assist in advocacy. The App is not intended, nor should it be relied upon, as a means for the user to directly contact emergency services. It is the responsibility of the user to inform others of this limitation and to ensure that in the event of an emergency, appropriate measures are taken to contact emergency services or the designated emergency contact using traditional communication methods. The application provider assumes no responsibility for any failure to obtain emergency assistance using this App.

 User Content:

  • Responsibility: The user is solely responsible for any content they submit, post, or display through the App. They must ensure that their content does not infringe on the rights of others or violate any laws. This includes if the content is added on behalf of the user.

Use:

  • The MY ALLERGY CARD © is proudly created and provided by Allergy Life Australia to help people with allergies to be empowered and have an effective means to alert others and advocate for their allergies so they can be safer and happier.

Intellectual Property:

  • Ownership: All intellectual property rights in the App, including but not limited to design, text, graphics, logos, and software, are owned by or licensed to us.
  • Restrictions: You may not copy, modify, distribute, sell, or lease any part of the App or its content without our prior written consent.

Disclaimers and Limitation of Liability

  • No Warranty: The App is provided “as is” and “as available” without warranties of any kind, either express or implied.
  • Limitation of Liability: To the maximum extent permitted by law, we shall not be liable for any direct, indirect, incidental, or consequential damages arising out of or in connection with your use of the App or its content.
  • Information in App: The information provided on the App is for general informational purposes only. We make no warranties or representations about the accuracy, completeness, or reliability of the information, and disclaim any liability for errors or omissions in the content.
  • Use of the App: By using the App you agree to indemnify, defend, and hold harmless us, our affiliates, and our respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses arising from or related to your use of the App.
  • User-Generated Content Disclaimer: The App allows users to input and share their own information. All content, information, and materials provided by users through the app are the sole responsibility of the user who provided it. We do not endorse, verify, or guarantee the accuracy, completeness, legality, or reliability of any content provided by users.
  • We are not responsible for any user-generated content and do not control or monitor such content. Users are solely responsible for the content they upload or input into the app, and they agree to ensure that their content complies with all applicable laws and regulations.
  • By using the app, you acknowledge that any reliance on user-generated content is at your own risk. You disclaim all liability for any errors, omissions, or damages that may arise from user-generated content or the use thereof.

Medical Advice Disclaimer

  • The user-generated information provided on the App is intended for general informational purposes only and should not be construed as medical advice. The content on this app is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified health care provider with any questions you may have regarding allergies or any other health condition. We do not endorse any specific tests, health care providers, products, procedures, treatment opinions, or other information that may be mentioned on the App. Any use or reliance on information provided by Users using this App is entirely at their own risk.

Termination

  • We reserve the right to terminate or suspend your access to the App at our discretion, without notice, for conduct that we believe violates the App Terms or is harmful to other users or us.

Governing Law

  • These App Terms shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of laws principles.

End User License Agreement (EULA)

  • License Grant: We grant you a limited, non-exclusive, non-transferable, revocable license to install and use the MY ALLERGY CARD © mobile application ("App") on your personal device(s) solely for your personal, non-commercial use, in accordance with these Terms. This license is granted solely for the purpose of enabling you to use and enjoy the benefit of the App as provided by us.

License Restrictions:

  • You agree not to:
    • Modify, reverse engineer, decompile, or disassemble the App, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
    • Rent, lease, loan, sell, sublicense, distribute, transmit, or otherwise transfer the App or any rights granted to you under this EULA.
    • Use the App in any manner that could damage, disable, overburden, or impair the App or interfere with any other party's use and enjoyment of the App.
    • Use the App for any unlawful or prohibited purpose.

Ownership:

  • The App, including all intellectual property rights therein, is and shall remain the exclusive property of ALLERGY LIFE LTD or its licensors. This EULA does not grant you any rights to use the trademarks, service marks, logos, or other distinctive brand features of ALLERGY LIFE LTD. 

Updates and Upgrades:

  • We may from time to time provide updates, upgrades, or modifications to the App. You agree that these updates, upgrades, or modifications may be automatically installed without providing any additional notice or receiving any additional consent.

Term and Termination:

  • Your rights under this EULA will terminate automatically without notice if you fail to comply with any of the terms and conditions of this EULA. Upon termination, you must immediately cease all use of the App and uninstall the App from your device(s). We reserve the right to terminate your access to the App if you breach any terms of this EULA.

Compliance with Laws:

  • You agree to comply with all applicable laws and regulations. You may not use the App if you are prohibited by law from doing so.

Specific to Apple App Store:

  • Apple’s License: If you are using the MY ALLERGY CARD © App from the Apple App Store, you acknowledge that this EULA is between you and ALLERGY LIFE LTD, not Apple. Apple is not responsible for any content or features of the App and does not provide any warranty for the App. You agree to comply with Apple’s App Store Review Guidelines and App Store Terms and Conditions.
  • Apple’s Responsibilities: You acknowledge that Apple has no obligation to provide any maintenance or support services for the App. Apple is not responsible for addressing any claims related to the App, including but not limited to product liability claims, claims that the App fails to conform to any legal or regulatory requirement, or claims arising under consumer protection laws.
  • In-App Purchases: If the App offers in-app purchases, Apple’s in-app purchase terms and conditions apply, and any such purchases are processed through Apple’s payment system.
  • Subscriptions: The App may offer subscription-based services. The terms of the subscription will be provided during the purchase process. Subscriptions are managed by Apple, and you can review and manage your subscription settings in your Apple ID account.

Specific to Google Play Store:

  • Google Play’s License: If you are using the MY ALLERGY CARD © App from the Google Play Store, you acknowledge that this EULA is between you and ALLERGY LIFE LTD, not Google. Google is not responsible for any content or features of the App and does not provide any warranty for the App. You agree to comply with Google Play’s Developer Distribution Agreement and Developer Policy.
  • Google Play’s Responsibilities: You acknowledge that Google has no obligation to provide any maintenance or support services for the App. Google is not responsible for addressing any claims related to the App, including but not limited to product liability claims, claims that the App fails to conform to any legal or regulatory requirement, or claims arising under consumer protection laws.
  • In-App Purchases: If the App offers in-app purchases, Google’s in-app purchase terms and conditions apply, and any such purchases are processed through Google’s payment system.
  • Subscriptions: The App may offer subscription-based services. The terms of the subscription will be provided during the purchase process. Subscriptions are managed by Google, and you can review and manage your subscription settings in your Google Play account.

Changes to These App Terms:

  • We may update these App Terms from time to time. Any changes will be posted within the App, and your continued use of the App will signify your acceptance of the updated Terms.

MY Cards (Apple Wallet and Google Pay)

The MY Cards are a range of cards that include MY Allergy Cards, MY Intolerance Cards, MY Condition Cards and MY Preference Cards that are delivered through installation as a Card on Apple Wallet and Google Play. The MY Cards are an exclusive Allergy Life Australia initiative that has been provided for free by us to support the lives of those living with allergies, intolerances and autoimmune conditions.

The MY Cards are not physical cards, they are digital and are emailed to the user to be added into their iOS (Apple Wallet) or Android smartphones (Google Pay).

The information placed on the card is based on the information supplied by the purchaser through the fillable form completed by the purchaser on registration. By registering for a MY Card and submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of purchases and creation of the product.

Allergy Life Australia (the seller) is under no circumstances liable for personal injury, or death resulting from the negligence of the Seller's products, agents, sub-contractors, subsidiaries, affiliates, suppliers, directors or employees.

The terminologies on the MY Cards have been created and set up based on best industry and market practices from the experience and expertise of Allergy Life Australia and in the best interest in the benefit of safe and happy living for the user. Allergy Life Australia cannot be responsible for consequences resulting from activities where any of the MY Cards have been presented, that includes but is not limited to ordering meals, ordering drinks, purchasing products or purchasing services. 

The MY Cards and all contents, including but not limited to text, images, graphics or code are the property of Allergy Life Australia and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use, or to place an order with Allergy Life Australia. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Allergy Life Australia or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.

Friendly Venues Disclaimer
The purpose of the Friendly Food and Drink Venues (Friendly Venues) initiative is to support Australians with food allergies discover Friendly Food and Drink Venues (Restaurants, cafes, & more) across Australia that support and cater for their allergy requirements and diets. This includes intolerances and certain autoimmune conditions, plus the diets they cater for.

All Content on our website relating to the catering of items, ingredients, allergens, intolerants, foods and drinks is provided solely by the relevant business that provides the foods and drinks. Allergy Life Australia does not guarantee the accuracy or completeness of such information. To the maximum extent permitted by law, we are not liable for, and you waive and release us from, any liability arising from your reliance on the content of the website and Allergy Life Friendly Food & Drink Venues Map, including any adverse reaction to foods and drinks listed on the website and Allergy Life Friendly Food & Drink Venues Map purchased by you, purchased on behalf of someone, purchased by someone who was advised by you. 

Allergy Life Australia does not guarantee nor does it confirm that the venues and businesses associated with the website and the Allergy Life Friendly Food & Drink Venues Map use adequate processes or other safeguards to prevent cross-contamination of allergies or other food products. Allergy Life Australia also does not guarantee nor does it confirm the safety of food items for certain allergies or food preparation processes.

When visiting any of these venues and businesses, even though they have advised what they cater for, it's the responsibility of people visiting the venues and businesses to let the venues and businesses know what their requirements (allergens, intolerance, diets, etc) are before or when they order. This is so the venues and businesses are aware of their requirements and can prepare or advise accordingly.

Username and password
If you use any of our websites, applications, platforms of initiatives hat require the use of a Username and password, Allergy Life Australia considers registration information private, and maintains that the safekeeping of your username and password are your responsibility. We are not liable for any unauthorised use of your username and password.

Comments
Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through our websites, programs, applications, platforms, or initiatives becomes our property. If in future we use your Comments in promoting our our websites, programs, applications, platforms and initiatives or in any other way, we will not be liable for any similarities which may appear from such use.

Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright. 

Product Disclaimer
Allergy Life Australia features resources and products that are for the community. Unless detailed, these are not created, owned or endorsed by Allergy Life Australia but by the provider. This information is here to support the community in discovering resources and products. Please check with the individual providers on the suitability for you or loved one's health care and personal needs.

The information provided on Allergy Life Australia is to generally educate and inform you about living with allergies, intolerances and conditions, and is not intended as medical instruction or as a substitute for diagnosis, examination and advice by a qualified health care provider.

We endeavour to ensure that all the products are described as accurately as possible on our websites, programs, applications, platforms, initiatives and associated social media platforms, however, we cannot ascertain the accuracy of the description. This information has been supplied directly by the manufacturer, produces and brand that represents the product, and it is their responsibility to update and provide accurate information about their product at all times.

Where we become aware of any incorrect written product description, we reserve the right to correct any error or omission. Unless expressly indicated in the product description, Allergy Life Australia and all websites, programs, applications, platforms, initiatives and associated social media platforms across which products are presented by Allergy Life Australia are not the manufacturers of the products presented across these forums.

While we work with utmost diligence to ensure that product information on our websites, programs, applications, platforms, initiatives and associated social media platforms is correct and up to date in accordance with product packaging information, manufacturers may alter their product information. If unsure about the suitability of a product(s) for your specific medical condition, please seek the guidance of a qualified healthcare practitioner and check with the manufacturer before commencing the use of the product(s).

With respect to products presented on our websites, programs, applications, platforms, initiatives and associated social media platforms, Allergy Life Australia makes no representations or warranties, either expressed or implied, of any kind, except as expressly stated herein. In no event shall Allergy Life Australia, its directors, officers, employees and representatives be liable for any direct, indirect, consequential, special, exemplary or other damages related to the product(s) used and sold.

Allergy Life Australia aims to include in the Product(s) List up-to-date pictures of the goods. At times, the picture of the goods on the Product List may differ from the goods actually supplied to you. Allergy Life Australia does not warrant the accuracy of the information contained in the Product(s) List and recommends that you read the Labels on Goods carefully before consumption or use.

Allergy Life Australia lists Affiliate products on our websites, programs, applications, platforms, initiatives and associated social media platforms, that contains links to third-party websites, products or services that are not owned or controlled by Allergy Life Australia.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites, products or services. You further acknowledge and agree that Allergy Life Australia shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites, products or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites, products or services that you visit.

Security
Where our websites, programs, applications, platforms, initiatives and associated social media platforms require personal information stored, we take all reasonable steps to keep secure any information which we hold about you. Personal information may be stored both electronically on our computer system, and in hard-copy form. Firewalls, encryption, passwords, anti-virus software and email filters act to protect all our electronic information. 

Indemnity
By using our websites, programs, applications, platforms, initiatives and associated social media platforms, you agree to indemnify and hold Allergy Life Australia from all damages, actions, claims, costs and expenses, including legal fees, arising from, or in connection with, your use of our websites, programs, applications, platforms, initiatives and associated social media platforms.

We also take all due care in ensuring that our websites, programs, applications, platforms, initiatives and associated social media platforms are free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system, tablets, consoles or mobile devices, which arises in connection with your use of our websites, programs, applications, platforms, initiatives and associated social media platforms or any linked website.

Laws
This Agreement, its Terms and Conditions, the Use of our websites, programs, applications, platforms, initiatives and associated social media platforms shall be governed by the laws in existence in Australia. You agree that any claim relating to our websites, programs, applications, platforms, initiatives and associated social media platforms and our service can only be dealt with in a court in the state of Victoria, Australia.

Privacy
We undertake to take all due care with any information which you may provide to us when accessing our websites, programs, applications, platforms, initiatives and associated social media platforms. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from here.

Termination
The terms of this Agreement remain effective even if terminated by either party. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of our websites, programs, applications, platforms, initiatives and associated social media platforms with or without notice, subject to applicable law. You agree that any termination of your access to our websites, programs, applications, platforms, initiatives and associated social media platforms may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your registration and all related information and files under your registration and bar any further access to such files or the websites, programs, applications, platforms, initiatives and associated social media platforms. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to our websites, programs, applications, platforms, initiatives and associated social media platforms.

Ownership 
This website is owned and operated by ALLERGY LIFE LTD ABN 63 650 524 824