End User License Agreement

The Melbourne Pollen Count (Service) provides users with pollen forecasts generated using real-world pollen count data collected from our statewide network of monitoring sites that are run by the School of BioSciences at the University of Melbourne, Australia (University).

The Service is provided for informational purposes only and is not intended to be used as a medical device or to diagnose, prevent, treat, mitigate, compensate or alleviate hay fever, asthma or any other respiratory ailment.

IF ASTHMA OR ANY OTHER RESPIRATORY SYMPTOMS ARE EXPERIENCED BY ANYONE USING THE SERVICE, SEEK MEDICAL ATTENTION FROM A TRAINED HEALTH CARE PROFESSIONAL WHO CAN PHYSICALLY EXAMINE THE INDIVIDUAL AND PROVIDE APPROPRIATE MEDICAL ADVICE, DIAGNOSIS AND TREATMENT.

In case of an emergency, call 000. If symptoms worsen or you have any medical concerns seek medical help.

THE SERVICE IS NOT A SUBSTITUTE FOR INDEPENDENT PROFESSIONAL ADVICE FROM YOUR QUALIFIED HEALTH CARE PROFESSIONAL.

The Service may be of assistance in the treatment of certain conditions; however the Service does not provide any form of or medical or psychological advice or prognosis. The Service is NOT a medical service. If you have any concerns regarding the use of the Service, please talk with your GP or other relevant health care provider.

Information and services are for information purposes only. By downloading and using the Service you:

a. warrant that you are using the Service from within Australia;

b. acknowledge that you will in no way whatsoever rely on any of its information, data, text, software, music, sound, photographs, graphics, video messages or other material (“Content”); and

c. acknowledge that all Content displayed or generated by the Service is only of a general and informational nature; and

d. use of the Service is entirely at your own risk.

The Service is provided on an “as is” and “as available” basis and University, its affiliates, business partners and their respective employees, officers, agents and contractors make no representation nor warranty that all Content or information is complete, accurate, up-to-date or appropriate. The University does not guarantee or assume any legal liability or responsibility for the accuracy, currency or completeness of any Content. In no circumstances does the University, its affiliates, business partners and their respective employees, officers, agents and contractors accept any liability for any injury, loss or damage incurred by use of or in reliance on the Service whether arising from negligence or otherwise.

You agree to defend, indemnify, and hold the University, and each of its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, arising out of or in connection with your breach of this EULA.

The Service may contain links to third party websites. The inclusion of any such link is in no way an endorsement nor guarantee of the veracity of the external website or the view/opinions expressed therein.

End users may access Content for individual use, e.g., may view the information on screen; screen shot; and may print paper copies of small portions for personal use only. The rights granted here are an expansion of the rights granted under the Copyright Act and do not include any rights to reproduce in its entirety any portion of the Content. No part of the Service nor its’ Content may be duplicated in any medium or format beyond the express terms of this EULA without prior written authorisation from the University. Any use not authorised by this EULA is strictly prohibited and is not a fair use under Australian and International copyright law. You may only use the Service for non-commercial or personal use.

The Service offers you the option of an annual or monthly subscription. Your subscription will renew automatically unless the auto renew function is turned off at least 24 hours before the end of the current subscription period. You can manage your subscription and turn off the “auto renewal” function in your account settings at any time after purchase. Payment will be charged to your Account upon confirmation of your purchase. In some instances, the Service may offer you a “free trial period”. Canceling the trial period will immediately disable your subscription. Any unused portion of a free trial period (if offered) is forfeited by you if you purchase any subscription to the Service. All subscription purchases are NON REFUNDABLE to the fullest extent permitted by law. By subscribing you confirm that you have read the EULA and the Privacy Policy and agree to be bound by their terms.

These terms and conditions are governed by the laws of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the Courts within Victoria for any disputes. These terms and conditions constitute the entire agreement between you and the University concerning your use of the Service. The University reserves the right to withdraw or delete information or Content from the Service at any time. The University may terminate this EULA at any time by withdrawing your access to the Service for any reason whatsoever, including without limitation if you breach the EULA. You can terminate this EULA at any time by ceasing your use of the Service and deleting the Service app from your device. The University reserves the right to delete or deactivate your account and all data provided by you or about you following termination.