Legals

Terms and Conditions

We operate using third-party tools www.passion.io, www.cogniss.com, and www.typeform.com, www.calendly.com
When using Matilda's services, you necessarily abide by the terms and conditions of use set out by these third party services.
https://passion.io/terms-of-service https://www.cogniss.com/privacy-policy, https://admin.typeform.com/to/dwk6gt and https://calendly.com/terms


TERMS & CONDITIONS
1. About the Website
1. (a) Welcome to www.matilda.health (Website). The Website allows you to access and use the Matilda Platform (Services).
2. (b) The Website is operated by Matilda Health Pty Ltd, ACN/ABN 29 662 336 987. Access to and use of the Website, or any of its associated products or Services, is provided by Matilda Health Pty Ltd. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
3. (c) Matilda Health Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Matilda Health Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2.   Acceptance of the Terms
You accept the Terms by remaining on the Website. Where the option is available in the user interface, you may also accept the Terms by clicking to accept or agree to the Terms.

3. About the Service
1. (a) Matilda Platform is a digital platform that provides education and strategies to help manage endometriosis and improve the quality of life of people with endometriosis.
2. (b) Free accounts or access via certain health clinics through voucher codes are currently offered. You acknowledge and agree that the accounts offered, as well as the account features may change from time to time, and may be governed by separate terms which apply specific to the account. Where special account-specific terms apply, you will be informed, and must accept those terms before you are given such an account. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by account-specific terms.
3. (c) Some accounts may be governed by a separate Software Licensing Agreement with Matilda Health Pty Ltd, which may amend the terms of use. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by the terms of an applicable Software Licensing Agreement.

4. Acceptable use of the Service
1. (a) Matilda Platform, its related features, and website must only be used lawfully. Matilda Health Pty Ltd reserves the right to suspend, cancel, or otherwise deny access to users and accounts who use the service.
2. (b) To engage in any act that would disrupt the access, availability, and security of Matilda Platform and other Matilda Health Pty Ltd services, including but not limited to:
1. (i) Tampering with, reverse-engineering, or hacking our servers.
2. (ii) Modifying, disabling, or compromising the performance Matilda Platform or other Matilda Health Pty Ltd services.
3. (iii) Overwhelming, or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources.
4. (iv) Compromising the integrity of our system, including probing, scanning and testing the vulnerability of our system unless expressly permitted by Matilda Health Pty Ltd.
3. (c) For any illegal purpose, or to violate any laws, including and without limitation to data, privacy, and export control laws.
4. (d) To stalk, harass or threaten users and any member of the public.
5. (e) To misrepresent or defraud any user or member of the public through phishing, spoofing, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Matilda Health Pty Ltd or any third party.
6. (f) To access or search any part of the Service, or any other Service owned by Matilda Health Pty Ltd other than our publicly supported interface, or otherwise allowed for in an applicable Software Licensing Agreement.
7. (g) To post, upload, share, or otherwise circulate content in violation of Matilda Platform’s content policy.

5.  Security and Data Privacy
Matilda Health Pty Ltd takes your privacy seriously and information provided through your use of the Website and/or Services are subject to Matilda Health Pty Ltd’s Privacy Policy, which is available on the Website. The Privacy Policy also addresses Matilda Health Pty Ltd’s processes, policies, and obligations in respect of Matilda Platform security breaches.

6. Data Use
Matilda Health Pty Ltd collects, stores, and processes your data on Matilda Platform. The data is used to provide Services to you, as well as to facilitate Matilda Health Pty Ltd’s business operations. The Privacy Policy outlines how your data is collected, stored, and processed by Matilda Health Pty Ltd. The Privacy Policy also addresses Matilda Health Pty Ltd's processes, policies, and obligations in respect of data encryption and removal requests.

7. Using the Service
1. (a) You will be required to register for an account through the platform before you can access the Services (Account).
4. (d) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including but not limited to name, email address, information about your symptoms.
5. (e) You warrant that any information you give to Matilda Health Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.
6. (f) Once you have completed the registration process, you will be a registered user of the Website or platform and agree to be bound by the Terms ("User").
7. (g) You may not use the Services and may not accept the Terms if:
1. (i)  You are not of legal age to form a binding contract with Matilda Health Pty Ltd; or
2. (ii) You are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.


8. Copyright and Intellectual Property
1. (a) The Website, the Services and all of the related products of Matilda Health Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Matilda Health Pty Ltd or its contributors.
2. (b) All trademarks, service marks and trade names are owned, registered and/or licensed by Matilda Health Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to:
(i) Use the Website pursuant to the Terms;
(ii) Copy and store the Website and the material contained in the Website in your device's cache memory; and
(iii) Print pages from the Website for your own personal and non-commercial use.
3. (c) Matilda Health Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Matilda Health Pty Ltd.
4. (d) Matilda Health Pty Ltd retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(i) Business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(ii) A right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(iii) A thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
(iv) You may not, without the prior written permission of Matilda Health Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

9. General Disclaimer
1. (a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
2. (b) Subject to this clause, and to the extent permitted by law:
1. (i)  All terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and 2. (ii) Matilda Health Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
3. (c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Matilda Health Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Matilda Health Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
1. (i) Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
2. (ii) The accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
3. (iii) Costs incurred as a result of you using the Website, the Services or any of the products of Matilda Health Pty Ltd; and
4. (iv) The Services or operation in respect to links which are provided for your convenience.

10. Limitation of Liability
1. (a) Matilda Health Pty Ltd's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), inequity, under statute or otherwise, will not exceed the resupply of the Services to you.
2. (b) You expressly understand and agree that Matilda Health Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

11. Termination of Contract
1. (a) The Terms will continue to apply until terminated by either you or by Matilda Health Pty Ltd as set out below.
2. (b) If you want to terminate the Terms, you may do so by:
(i) Providing Matilda Health PtyLtd with 7 days’ notice of your intention to terminate; and
(ii) Closing your accounts for all of the services which you use, where Matilda Health Pty Ltd has made this option available to you.
(c) Any notices pursuant to Clause 13.2 above should be sent, in writing, to Matilda Health Pty Ltd via the 'Contact Us' link on our homepage.
(d) Matilda Health Pty Ltd may at any time, terminate the Terms with you if:
(i) You have breached any provision of the Terms or intend to breach any provision;
(ii) Matilda Health Pty Ltd is required to do so by law;
(iii) The provision of the Services to you by Matilda Health Pty Ltd is, in the opinion of Matilda Health Pty Ltd, no longer commercially viable.
(e) Subject to local applicable laws, Matilda Health Pty Ltd reserves the right to discontinue or cancel your Account at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Matilda Health Pty Ltd's name or reputation or violates the rights of those of another party.

14. Indemnity
You agree to indemnify Matilda Health PtyLtd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
1. (a) All actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
2. (b) Any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or 3.    (c)  any breach of the Terms.

15. Dispute Resolution
1. 15.1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
2. 15.2. Notice: A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
3. 15.3. Resolution: On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
1. (a) Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
2. (b) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Mediation Association or a mediator listed on the www.amr.asn.au website;
3. (c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
4. (d) The mediation will be held in Perth, Australia.
4. 15.4. Confidential All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
15.5. Termination of Mediation: If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

16. Venue and Jurisdiction
The Services offered by Matilda Health Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia.

17. Governing Law
The Terms are governed by the laws of Western Australia. Any dispute, controversy, proceeding or claim of what ever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties here to and their successors and assigns.

18. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.  

Matilda Digital Platform Medical Disclaimer

All content, including text, graphics, images, information, and diagrams (‘content’) contained in, available on, or available through, the Matilda Health website (www.matilda.health) or app (Matilda) (together 'digital assets') is for general information and educational purposes only. Content on the digital assets is not intended to be used for or as a substitute for professional medical advice, diagnosis or treatment.

Always seek the advice of your doctor or other qualified healthcare providers with any questions you may have regarding symptoms, medical condition(s), treatment and before undertaking a new healthcare regimen.

Although the information on the digital assets is carefully reviewed, Matilda Health Pty Ltd, the developers, and any contributors do not accept any responsibility or liability in respect of the information or any person who uses the content provided on the digital assets or incorporated into them by reference. The content on the digital assets is provided without any warranties or representations, whether express or implied, as to the suitability of the content for your personal circumstances. The content is provided on the basis that all persons accessing the digital assets accept responsibility for assessing the relevance and accuracy of the content. It is always recommended that you discuss your personal situation with your healthcare provider. If you or another individual may be suffering from any medical condition you should seek medical attention immediately. You should never delay seeking medical advice or stop medical treatment due to the information on the Matilda digital health platform.

By using the Matilda digital health platform you agree that you have read, understood, and accepted the medical disclaimer.

Matilda Digital Platform Privacy Policy

This Privacy Policy applies to all personal information collected by Matilda Health Pty Ltd (ACN: 662 336987) via the website located at www.matilda.health and the app ‘Matilda’ (together “the platform”). 

1. What is “personal information”?
(a) The Privacy Act 1988 (Cth) currently defines “personal information” as meaning information or an opinion about an identified individual or an individual who is reasonably identifiable:
(i) Whether the information or opinion is true or not; and
(ii) Whether the information or opinion is recorded in a material form or not.
(b) If information does not disclose your identity or enable your identity to be ascertained, it will in most cases not be classified as “personal information” and will not be subject to this Privacy Policy. 

2. What is“sensitive information”?
(a) The Privacy Act 1988 (Cth) currently defines “sensitive information” as including information or an opinion about an identified individual’s health information. “Sensitive information” carries a higher level of privacy protection than personal information. (b) Matilda Health Pty Ltd must comply with the Australian Privacy Principles regarding “sensitive information” as we provide health services and collect health information. 

3. What information do we collect?
The kind of personal information that we collect from you will depend on how you use the website and the app. The personal information which we collect and hold about you may include:
1. Name;
2. Date of birth;
3. Email address;
4. Phone number;
5. Country of residence;
6. Gender identity;
7.  Information about your reported pelvic pain symptoms and diagnosis; and
8.  Survey data submitted. 

4. How we collect your personal information
(a) We may collect personal information from you whenever you input such information into the website or the app.
(b) We also collect cookies from your computer which enable us to tell when you use the website and also to help customise your website experience. As a general rule, however, it is not possible to identify you personally from our use of cookies. 

5. Purpose of collection
(a) The purpose for which we collect personal information is to provide you with the best service experience possible on the website and the app.
(b) We customarily disclose personal information only to our service providers who assist us in operating the website or the app. Your personal information may also be exposed from time to time to maintenance and support personnel acting in the normal course of their duties.
(c) By using our website or our app, you consent to the receipt of direct marketing material. We will only use your personal information for this purpose if we have collected such information directly from you, and if it is material of a type which you would reasonably expect to receive from us. We do not use sensitive personal information in direct marketing activity. Our direct marketing material will include a simple means by which you can request not to receive further communications of this nature. 

6. Access and correction
Australian Privacy Principle 12 permits you to obtain access to the personal information we hold about you in certain circumstances, and Australian Privacy Principle 13 allows you to correct inaccurate personal information subject to certain exceptions. If you would like to obtain such access, please contact us as set out below. 

7. Complaint procedure
If you have a complaint concerning the manner in which we maintain the privacy of your personal information, please contact us as set out below. All complaints will be considered, and we may seek further information from you to clarify your concerns. If we agree that your complaint is well founded, we will, in consultation with you, take appropriate steps to rectify the problem. If you remain dissatisfied with the outcome, you may refer the matter to the Office of the Australian Information Commissioner. 

8 Overseas transfer 
(a) Matilda Health Pty Ltd will not disclose your personal information to recipients outside Australia unless you expressly request us to do so.
(b) If you request us to transfer your personal information to an overseas recipient, the overseas recipient will not be required to comply with the Australian Privacy Principles and we will not be liable for any mishandling of your information in such circumstances.
(c) Matilda Health Pty Ltd uses third-party platforms, including Typeform (United States of America), Cogniss (Australia and the United Kingdom), and Passion.io (Germany), to collect information from clients and to provide our services. Typeform is used to create in-app questionnaires, surveys, and the like. Passion.io is used to create the interface of the Matilda app.
(d) When you provide information to us via the platform, you are necessarily providing information directly to the third-party providers, who then transmit the information to Matilda Health Pty Ltd. We have no control of the information in transit and users should be aware that these third-party platforms may store data overseas and are encouraged to read their individual privacy policies Please click the links to view the Privacy Policy for Typeform, Cogniss, Calendly, and Passion.io 

9. How to contact us about privacy
If you have any queries, or if you seek access to your personal information, or if you have a complaint about our privacy practices, you can contact us at: hello@matilda.health.  

Last updated 19.01.2024

We were founded after we won Perth BioDesign for Digital Health!