Terms of Use

Touchstone Life Care - Terms of Use

1                 Touchstone Life Care account

1.1             To use Touchstone Life Care Services, you must create an account with us by:

1.1.1              providing the information requested by us; and

1.1.2              creating a password that meets our minimum requirements.

1.2             You acknowledge and agree that:

1.2.1              you are responsible for ensuring all information you provide us is correct and up to date, including without limitation, your account information and the information of any Contacts you nominate to receive a copy of your Advance Care Plan

1.2.2              you are responsible for the activity that occurs on your account;

1.2.3              you must take all necessary steps to protect your User ID, password and account from unauthorised access; and

1.2.4              you will immediately notify us in writing by email at info@touchstonelifecare.com if:

(a)       the information you have provided is incorrect, inaccurate or incomplete; or

(b)       you become aware of or suspect that your User ID, password or account is being used or may have been accessed without your consent.

2                 Touchstone Life Care Services

2.1             The Touchstone Life Care Services allow you to:

2.1.1              create an Advance Care Plan using the form available on our website, including the ability to save drafts and return to your incomplete Advance Care Plan;

2.1.2              share your most recent completed Advance Care Plan with your Contacts; and

2.1.3              subsequently amend, revoke, store, disclose and access your Advance Care Plan.

2.2             Your Advance Care Plan will remain in draft form and deemed not to be relied on until all questions have been completed and the Advance Care Plan has been executed.

2.3             The Touchstone Life Care Advance Care Plan is intended to allow you to create a clear statement of your wishes in relation to medical treatment only, which becomes operative and is to be relied on only when you no longer have capacity to make or communicate your decisions about your medical treatment.

2.4             The Touchstone Life Care Advance Care Plan is intended to be an advance care directive made on the basis of common law principles and is for use in Australia only.  The Advance Care Plan does not meet relevant legislative requirements in each State and Territory and is not intended to be a statutory advance care directive.  We make no representations or guarantees that:

2.4.1              the Advance Care Plan meets relevant legislative requirements in any State or Territory in Australia; or

2.4.2              the Advance Care Plan will be recognised in all States or Territories, for example, if legislation only allows for statutory advance care directives.

2.5             To make an Advance Care Plan using Touchstone Life Care Services, you must:

2.5.1              be 18 years or over;

2.5.2              be certain you want to make an Advance Care Plan as any statement you make in your Advance Care Plan may be taken into account by a health practitioner, or other person involved in your care, in the event that you do not have capacity;

2.5.3              discuss the content of your Advance Care Plan with your general  practitioner when you create your Advance Care Plan and again whenever you make changes to your Advance Care Plan to ensure your wishes are clearly documented and that you understand the consequences of your statements and risks associated with your decisions; and

2.5.4              obtain a capacity assessment if there is any doubt about your decision-making capacity (raised by you, your general practitioner, lawyer, family or friends).

2.6             You acknowledge that there is a risk that any Advance Care Plan you make will be relied on by a health practitioner even if you do not intend it to be relied upon or it is invalid.  This risk can be reduced by complying with clause 2.5.

2.7             You are responsible for ensuring that all persons that need to be aware of the existence of your Advance Care Plan are listed as Contacts.  We cannot guarantee that a health practitioner, or other person involved in your care, will be aware of the existence of your Advance Care Plan.

2.8             You are responsible for the ongoing management of and access to your Advance Care Plan.  You are responsible for:

2.8.1              ensuring that the appropriate people are aware of and have access to your Advance Care Plan so it can be relied on if you no longer have capacity;

2.8.2              reviewing your Advance Care Plan regularly and immediately updating, amending or revoking your Advance Care Plan if your wishes or circumstances change;

2.8.3              immediately notifying your Contacts if you have updated, changed, amended or revoked your Advance Care Plan;

2.8.4              communicating with your Contacts about your Advance Care Plan (acknowledging that we only facilitate access);

2.8.5              ensuring your list of Contacts available on your account is up to date; and

2.8.6              managing queries about your Advance Care Plan directly with your Contacts.

2.9             We cannot guarantee that your Advance Care Plan will be followed by a health practitioner as the health practitioner must make their own assessment as to whether or not to rely on the Advance Care Plan, including whether your wishes are decisions that they are able or obliged to comply with.  We are not responsible for any decision a health practitioner makes in relation to your Advance Care Plan.

2.10          Touchstone Life Care Services allows you to upload your completed Advance Care Plan to your My Health Record maintained by the Australian Government.  You are responsible for:

2.10.1            ensuring that your Advance Care Plan is received by My Health Record; and

2.10.2            updating your My Health Record if you amend, update or revoke your Advance Care Plan.

3                 Touchstone Life Care Subscription

3.1             Your access to Touchstone Life Care Services includes one free trial for the period you agreed to when you created your account.  The free trial period applies to new subscribers only and commences on the date you create your account with us.  You are only entitled to one free trial period.  We may cancel your subscription at any time during the free trial period.  We will not ask you for your credit card details during the free trial period.  These Terms of Use apply during the free trial period.

3.2             At the end of your free trial period, you can choose whether to continue your subscription with us.  We offer different Subscription Plans for Touchstone Life Care Services with a different Subscription Fee applicable depending on the Subscription Plan you choose.

3.3             When you choose your Subscription Plan, you must provide us with details of a valid Payment Method and hereby authorise Touchstone Life Care to charge the Subscription Fee for your chosen Subscription Plan to your nominated Payment Method.  Touchstone Life Care Services uses a third party payment provider to process your Payment Method.  You must comply with all obligations placed on you by our third party payment provider.

3.4             When using our third party payment provider, you agree that:

3.4.1              you must not revoke your agreement with them without a substitute payment arrangement acceptable to us being in place;

3.4.2              we may deal with the provider on your behalf in respect of your Subscription Plan and Payment Method; and

3.4.3              we will notify the third party payment provider if you have changed, suspended or terminated your Subscription Plan, however are not responsible for any incorrect charges to your Payment Method made by the third party payment provider.

3.5             You may change your Subscription Plan at any time by logging onto your account.  If you change your Subscription Plan, we will commence charging your Payment Method the relevant Subscription Fee at the commencement of your next subscription period.

3.6             Your Touchstone Life Care membership will automatically renew at the end of the current subscription period and we will charge your Payment Method for the next subscription period until you cancel your account.

3.7             You must ensure that the details of your Payment Method remain accurate and up to date.  You can change your Payment Method details by logging in to your account.

3.8             If we are unable to collect the Subscription Fee from your Payment Method for any reason, including if the payment is voided or reversed, you remain responsible for any uncollected amounts and we may suspend or cancel your access to Touchstone Life Care Services for the period where the Subscription Fee is outstanding.

3.9             Unless otherwise stated, the Subscription Fee is inclusive of GST.  You must pay any other applicable charges, taxes and duties in addition to the Subscription Fee.

3.10          We may adjust the Subscription Fee from time to time by giving you at least one month’s notice.  Any adjustment will take effect from the next subscription period.

3.11          Subject to clause 3.12, you acknowledge and agree that refunds are not available in any circumstance, including without limitation:

3.11.1            for change of mind;

3.11.2            in the event of system interruptions;

3.11.3            if there are queries raised around the validity of your Advance Care Plan or decisions made by your health practitioner or other person involved in your care not in reliance on your Advance Care Plan; or

3.11.4            if you do not access Touchstone Life Care while holding a Touchstone Life Care Services account.

3.12          We may offer you a refund in exceptional circumstances, determined by us in our discretion.

4                 Conditions and restrictions

4.1             You acknowledge that your continuing access to and use of Touchstone Life Care Services is subject to you:

4.1.1              being an individual;

4.1.2              being at least 18 years of age;

4.1.3              having full legal decision-making capacity;

4.1.4              using Touchstone Life Care Services for personal and non-commercial use only;

4.1.5              managing the sharing of your Advance Care Plan to your Contacts, including:

(a)       ensuring your Contacts have received it; and

(b)       ensuring your Contacts have the current version of your Advance Care Plan;

4.1.6              not submitting to us any content, and that you will not use Touchstone Life Care Services to transmit any material, that is vulgar, obscene, discriminatory, sexist, racist, violent, graphic, contrary to applicable Laws, libellous, tortious, defamatory or invasive of another person’s privacy;

4.1.7              maintaining the confidentiality of any information containing or comprising confidential and sensitive information which is made available to you on Touchstone Life Care and agreeing to immediately notify us if you become aware of any actual or suspected unauthorised access to or use or disclosure of such information; and

4.1.8              complying with all applicable Laws.

4.2             You warrant that upon accessing and using Touchstone Life Care Services you will comply with clause 4.1.

5                 Access to Touchstone Life Care Services

5.1             You acknowledge and agree that:

5.1.1              Touchstone Life Care Services may not function as intended (or at all) if you do not have hardware, software or internet access which is compatible with Touchstone Life Care Services;

5.1.2              any timeframes we provide to you relation to Touchstone Life Care Services are estimates only;

5.1.3              Touchstone Life Care Services may not be available from time to time and we make no guarantee that Touchstone Life Care Services will be available 24/7;

5.1.4              where Touchstone Life Care Services are to be subject to scheduled maintenance, we will use our reasonable endeavours to notify you; and

5.1.5              we make no representation and give no warranty that the Touchstone Life Care Services will be free from errors and defects.

5.2             We are not responsible for any unauthorised access or data breach which occurs in relation to an Advance Care Plan stored on a third party server, including My Health Record.

6                 Account suspension or termination

6.1             You acknowledge and agree that we may monitor your account and activity on Touchstone Life Care from time to time.

6.2             We may at any time suspend or terminate your access to Touchstone Life Care Services, including if any of the following occurs:

6.2.1              we detect any suspicious activity occurring in relation to your account;

6.2.2              for any reason, as long as we give you at least 30 days’ notice;

6.2.3              you default in payment of the Subscription Fee when it falls due;

6.2.4              you breach these Terms of Use;

6.2.5              the information you have provided to us is inaccurate, incomplete or outdated and you do not immediately take steps to correct the information;

6.2.6              we are required to do so to comply with a Law, order or instruction;

6.2.7              if we determine that it is not technically or operationally feasible or commercially viable to continue providing you access to Touchstone Life Care Services; or

6.2.8              we are required to disable access to Touchstone Life Care Services for the purpose of carrying out support and/or maintenance.

6.3             If your membership is suspended or terminated, you remain liable to pay any outstanding Subscription Fees to us.

6.4             Upon termination, we will delete your account with Touchstone Life Care Services and all data except any data, including a copy of your Advance Care Plan, that we are required to keep to comply with Laws, including Laws in relation to health records and privacy.  If you require a copy of your Advance Care Plan while your account is suspended or after termination, you may request it be sent to you by contacting Touchstone Life Care Services and we will disclose it in accordance with our Privacy Policy.

6.5             To the extent permitted by Law, you indemnify us against all costs, liability, loss and damage we incur (directly or indirectly) arising from post-termination events and any third party action taken against us to compel disclosure or release or your Advance Care Plan.

7                 Intellectual Property

7.1             You acknowledge and agree that:

7.1.1              all right, title and interest in and to the Touchstone Life Care Services (including all Intellectual Property Rights) vest in and belong to us;

7.1.2              the rights in Touchstone Life Care Services are licensed to you on a personal, revocable, non-exclusive and non-commercial basis as set out in these Terms of Use; and

7.1.3              nothing in these Terms of Use should be construed as constituting an assignment of the Intellectual Property Rights or other rights in Touchstone Life Care Services to you.

8                 Warranties and liability

8.1             To the extent permitted by law, you acknowledge and agree that we do not make any warranties, representations or guarantees as to:

8.1.1              the likelihood of an Advance Care Plan made using Touchstone Life Care Services being accessed or relied upon by a health practitioner or other person involved in your care;

8.1.2              whether a health practitioner or other person involved in your care can understand the content you input into an Advance Care Plan made using Touchstone Life Care Services;

8.1.3              the validity of an Advance Care Plan;

8.1.4              the access to or use of Touchstone Life Care Services being uninterrupted, timely, secure, error-free or continuing for any period of time;

8.1.5              the availability of access to or use of Touchstone Life Care Services in respect of specific geographical areas;

8.1.6              the ability of Touchstone Life Care Services to operate with any other hardware, software, system or data; and

8.1.7              all other terms, conditions and warranties, whether express or implied by legislation or the common law or otherwise relating to the provision by us of the Touchstone Life Care Services or otherwise in connection with these Terms of Use are expressly excluded.

8.2             We will not be liable for any loss or damage (including indirectly or consequential loss) however caused which may be suffered or incurred or which may arise directly or indirectly in respect of the use of Touchstone Life Care Services.

8.3             To the extent that we cannot lawfully exclude our liability to you, then to the maximum extent permitted by Law, we limit our liability to you to the cost of resupplying the services to you as contemplated under these Terms of Use.

8.4             Nothing in these Terms of Use excludes, restricts or modifies any rights that you may have under existing Laws, including the Australian Consumer Law.

9                 Privacy AND DATA SECURITY

9.1             You acknowledge and agree that:

9.1.1              we will collect, use and disclose your personal information in accordance with our Privacy Policy; and

9.1.2              we will handle your data securely in accordance with our Privacy Policy.

9.2             You can access our Privacy Policy at https://touchstonelifecare.com/privacy-policy/.

10              Third party content

10.1          Certain content, products and services available via Touchstone Life Care Services may include materials from third parties.

10.2          Third party links on our website may direct you to third party.  We are not responsible for examining or evaluating the content, accuracy reliability or availability of such websites and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties.

10.3          We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites.  Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third-party.

11              GENERAL

11.1          These Terms of Use and the Privacy Policy constitute the entire agreement with respect to your access to and use of Touchstone Life Care Services.

11.2          If any information given to you by our personnel is inconsistent with these Terms of Use, these Terms of Use prevail.

11.3          We may send you notices electronically by email to the email address listed as you provided when you created your account.  You must notify us promptly of any change to your email address.

11.4          We will try to resolve any disagreements quickly and efficiently.  If you are not satisfied with the way we deal with any disagreement and you want to start court proceedings, the laws of the State of New South Wales, Australia apply to these Terms of Use and you may only pursue a legal action or proceeding in relation to Touchstone Life Stone Services in New South Wales, Australia.

11.5          The rights conferred on you under these Terms of Use are personal to you and cannot be assigned or novated to another party except with our prior written consent.

11.6          Clauses 7 (Intellectual Property), 8 (Warranties and Liability), 9 (Privacy), this clause 11.6 (General) and any associated definitions survive the termination or expiry of these Terms of Use.

12              Definitions

In these Terms of Use:

12.1          Advance Care Plan means a common law advance care plan created by you and stored on your account using Touchstone Life Care Services;

12.2          Contact means any person that you specify in your account as having the ability to access your Advance Care Plan, for example, individuals within your care network (such as health professionals, carers, family and friends) and any other persons you wish to share a copy with (such as professional advisors, lawyers).

12.3          GST means the goods and services tax levied under the A New System (Goods and Services Tax) Act 1999 (Cth) as amended.

12.4          Intellectual Property Rights means any copyright, trade mark (whether registered or unregistered), design, patent, semiconductor or circuit layout rights, trade, business or company names, other proprietary rights and rights to the registration of any of the foregoing existing anywhere in the world and existing before, on or after the commencement of these Terms of Use;

12.5          Laws means all relevant Australian state, territory and Commonwealth laws and regulations;

12.6          Payment Method means a credit or debit card or any other method agreed to in writing by Touchstone Life Care;

12.7          Privacy Policy means our privacy policy that addresses how we collect, hold, use, disclose and otherwise deal with your personal information;

12.8          Subscription Fee means the fee payable to us in accordance with clause 3 in consideration for access to and use of Touchstone Life Care Services;

12.9          Subscription Plan means the subscription plan you choose (monthly, annual, etc.) which entitles you to access and use Touchstone Life Care Services;

12.10       Terms of Use means these terms of use as varied from time to time, including any schedules and annexures;

12.11       Touchstone Life Care, we, us, our means Touchstone Life Care Pty Ltd ABN 85 626 986 409 and includes any assignee;

12.12       Touchstone Life Care Services means the services made available to individuals on our website, including the ability to create, store and share an Advance Care Plan, more particularly described in clause 2;

12.13       User ID means your email address or other details which you use to access Touchstone Life Care Services; and

12.14       You, your means the person who is recorded as the account holder of Touchstone Life Care Services.