Terms of Use

        Please read these Terms carefully before using CareTrust. By creating an account or using our platform, you agree to be bound by these Terms. If you do not agree, do not use CareTrust.
      

1. Acceptance of Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you and CareTrust Health Pty Ltd (ABN to be confirmed) ("CareTrust", "we", "us", "our"), governing your access to and use of the CareTrust platform, website, and related services (collectively, the "Services").

By registering for an account, scanning a CareTrust QR code, or otherwise accessing or using our Services, you confirm that you are at least 18 years of age (or have parental or guardian consent), that you have read and understood these Terms, and that you agree to be bound by them.

2. Our services

CareTrust provides a health identity wallet platform that enables:

Patients to store, manage, and share their health record with healthcare providers on a consent basis
Healthcare providers and clinics to receive consented patient health data, record consent grants and revocations, and maintain a consent audit trail

CareTrust is a consent and identity management platform. We are not a healthcare provider, medical records system, or clinical decision support tool. Nothing on the platform constitutes medical advice. Always consult a qualified healthcare professional for medical decisions.

3. Accounts and registration

To use CareTrust you must create an account and provide accurate, current, and complete information. You are responsible for:

Maintaining the confidentiality of your login credentials
All activity that occurs under your account
Notifying us immediately at hello@caretrust.com.au if you suspect unauthorised access

Multi-factor authentication (MFA) is required for all accounts and must remain enabled. CareTrust will never ask for your password by email, phone, or any channel other than the platform itself.

You must not create an account on behalf of another person without their explicit consent, except where you are a legal guardian acting on behalf of a dependant.

4. Patient wallet: specific terms

The patient wallet is free for individual patients. By using the patient wallet you agree that:

The information you store in your wallet is accurate to the best of your knowledge
You are solely responsible for granting and revoking consent to providers, and for the consequences of those decisions
CareTrust records a log of all consent events: this log cannot be deleted as it forms your audit trail
For family/guardian wallets, you have the legal authority to manage health consent on behalf of the individuals you have added
You will not use the wallet to store information that you do not have the right to hold

5. Clinic and provider terms

Clinic and provider access is subject to a subscription agreement. By accessing patient data through CareTrust you agree that:

You will only access patient data for the specific purpose and to the extent covered by the patient's current consent grant
You will comply with all applicable health privacy legislation, including the Privacy Act 1988, the Australian Privacy Principles, and the My Health Records Act 2012 where applicable
You are responsible for ensuring that all staff in your organisation who access CareTrust do so in compliance with these Terms and your own organisation's privacy policies
You will not attempt to access patient data beyond the scope of the patient's consent, and will not store, copy, or export CareTrust data in a manner inconsistent with the patient's consent
You will notify CareTrust promptly of any data breach or suspected unauthorised access

6. Acceptable use

You agree not to use CareTrust to:

Violate any law or regulation, including health privacy and data protection laws
Access data without authorisation or beyond the scope of consent granted
Introduce malware, viruses, or any malicious code
Attempt to reverse-engineer, decompile, or otherwise derive source code from the platform
Scrape, mine, or systematically extract data from the platform
Impersonate another person or organisation
Use the platform in any way that could damage, disable, or impair it

We reserve the right to suspend or terminate access for any user or organisation we reasonably believe is in breach of these provisions.

7. Intellectual property

All content, trademarks, software, and materials on the CareTrust platform are owned by or licensed to CareTrust Health Pty Ltd. Nothing in these Terms grants you any right to use the CareTrust name, logo, or brand without our prior written consent.

Your health record data belongs to you. CareTrust claims no ownership over the personal and health information you store in your wallet. We hold it on your behalf as a data custodian, subject to our Privacy Policy.

8. Limitation of liability

To the fullest extent permitted by Australian law, CareTrust's liability is limited. Please read this section carefully.

CareTrust provides the platform on an "as is" and "as available" basis. We do not warrant that the platform will be uninterrupted, error-free, or completely secure.

To the maximum extent permitted by the Australian Consumer Law and other applicable legislation, CareTrust excludes all liability for indirect, incidental, special, or consequential loss or damage arising from your use of the platform.

Where liability cannot be excluded by law (for example under consumer guarantees in the Australian Consumer Law), our liability is limited to the greater of: (a) the amount you paid CareTrust in the 12 months before the claim arose, or (b) AUD $100.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Competition and Consumer Act 2010 (Cth) that cannot be excluded by agreement.

9. Termination

You may close your account at any time by contacting hello@caretrust.com.au. Upon closure, your personal data will be deleted in accordance with our Privacy Policy, subject to retention obligations required by law.

We may suspend or terminate your access immediately if you breach these Terms, if required by law, or if we cease to operate the platform. We will give you reasonable notice where practicable.

Clauses relating to intellectual property, liability, and governing law survive termination.

10. Governing law

These Terms are governed by the laws of the State of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia for any dispute arising under or in connection with these Terms.

11. Changes to these Terms

We may update these Terms from time to time. We will notify account holders of material changes by email at least 14 days before the changes take effect. The updated Terms will be posted on this page with a revised effective date.

If you do not agree to the updated Terms, you must stop using the platform and may close your account before the changes take effect. Continued use after the effective date constitutes acceptance.

12. Contact

For any questions about these Terms, please contact:

Email: hello@caretrust.com.au
Post: Legal, CareTrust Health Pty Ltd, Melbourne VIC Australia

For privacy-related matters, please refer to our Privacy Policy.