IMPORTANT:
The AirHealth Service is for personal or individual use only. Unless AirHealth otherwise agrees in writing on a case by case basis, do not use the AirHealth Service for commercial, government, or research purposes. Do not use information from the AirHealth Service for emergency services.
1. Description of Services
AirHealth Pty Ltd (ABN 88 662 163 448) ("AirHealth", "we", "us" or "our") specialises in the provision of air quality, pollen and related environmental information and forecasts through our websites, applications, APIs or other digital services. Our mission is to empower people to protect their health and improve their quality of life. AirHealth consists of AirHealth, Melbourne Pollen, Canberra Pollen, Perth Pollen, Sydney Pollen, Pollen Forecast and AirRater (together, the "AirHealth Service").
2. Your consent
These Terms of Service govern your access to and use of AirHealth's websites, apps, APIs or other digital services. By accessing, requesting, purchasing or using any part of the AirHealth Service, you agree to these Terms and to AirHealth's Privacy Policy. If you do not agree, do not use the AirHealth Service.
3. Accessing accounts, paid services and payments
Some parts of the AirHealth Service may require you to create an account. You must provide accurate information, keep your account details up to date and keep your username, password, API key and other credentials confidential. You are responsible for activity carried out using your credentials unless the law says otherwise. You must notify AirHealth promptly if you suspect unauthorised access, credential compromise or misuse.
The AirHealth Service is intended for users aged 14 years and over. If you are under 14, you should only use the AirHealth Service under the supervision of a parent or legal guardian. If you are under 18, any paid purchase or subscription should be made or authorised by your parent or legal guardian.
AirHealth may offer paid services, subscriptions or upgrades. These may be billed by AirHealth directly or through a third-party subscription or payment provider, including app stores, Stripe or other third-party operators of payment systems. Your use of those third-party payment or subscription services is also subject to their own terms and privacy policies.
Unless otherwise stated, fees are in Australian dollars and include GST if applicable. Payment may be charged when your purchase is confirmed, on a recurring basis for subscriptions, or as otherwise described at checkout, in your invoice or in your service details. Some subscriptions may renew automatically unless cancelled before the end of the current billing period through the relevant provider. AirHealth may change fees for future billing periods or new purchases by updating pricing or notifying you before renewal or recharge, where reasonably practicable.
AirHealth may receive limited transaction, billing and account information from the relevant payment or subscription provider so that AirHealth can activate, administer, support, reconcile and protect the paid service. Payment method details may be collected and held by the relevant provider in accordance with that provider's own terms and privacy notice.
If AirHealth offers a free trial, it may end immediately if you cancel during the trial or purchase a paid service. Except to the extent required by law, stated otherwise in your service details, or required by the rules of a payment or subscription provider, fees are non-refundable after the relevant service period has started. AirHealth may suspend or limit paid access if fees are overdue, a payment fails, or a chargeback or similar payment dispute occurs.
4. Your use of the AirHealth Service
AirHealth grants you a limited, revocable, non-exclusive, non-transferable licence to access and use the AirHealth Service and its content for your own personal or individual use, in accordance with these Terms.
Unless AirHealth otherwise agrees in writing on a case by case basis, you must not use the AirHealth Service for any commercial, business, client-service, employer, team, organisational, institutional, government or research purpose. The AirHealth Service is designed mainly for Australian conditions, locations and audiences and may not be suitable for use in other places.
The AirHealth Service is provided for general informational purposes only. It is not a medical device, not a medical service, and not a substitute for professional medical advice, diagnosis or treatment. You must not use the AirHealth Service for emergency response, public warning, safety-critical workflows, clinical decisions, diagnosis or treatment. If you have a health emergency, contact an appropriate health professional or emergency service and do not rely on AirHealth.
As a condition of use, the AirHealth Service must not be used to:
- share your personal account with another person, except where parental or guardian supervision is reasonably required;
- impersonate another person or entity, or use credentials that do not belong to you;
- harass, threaten, abuse, defame or otherwise offend any person;
- upload, post, send or otherwise make available any unlawful, obscene, defamatory, indecent, offensive or inappropriate material;
- operate bots, scripts or automated means to scrape, overload, disrupt or misuse the website or apps, or to access the API other than through documented and authorised methods;
- transmit malware, harmful code, or material designed to interrupt, damage or improperly access systems or data;
- share, sell, sublicence, publish or bulk-redistribute API access, keys or outputs;
- create multiple accounts or keys to evade quotas, rate limits, suspensions or other controls;
- scrape, reverse engineer, bypass limits, probe security without permission, or send malicious, abusive or disruptive traffic;
- do research, publication, dataset creation, benchmarking distribution, model training or similar activities;
- engage in spam, unsolicited promotional activity, chain letters, contests or similar misuse through the AirHealth Service; or
- breach any law or regulation that applies to your use of the AirHealth Service.
5. API access and keys
If you use the AirHealth API, your access is subject to any documentation, usage tiers, quotas, rate limits, maintenance windows, feature restrictions and service details that AirHealth makes available for that API.
Unless AirHealth otherwise agrees in writing on a case by case basis, you may use the API, and privately receive, store and display API output, only for your own personal or individual, non-commercial purposes.
AirHealth may issue, rotate, limit, suspend or revoke API credentials where reasonably necessary for security, service integrity, maintenance, legal compliance or misuse prevention.
AirHealth may change the API over time, including endpoints, fields, documentation, availability or supported features. Where reasonably practicable, AirHealth will try to give notice of material changes. AirHealth may still make urgent changes without notice where needed for security, service integrity, legal compliance or operational reasons.
6. Your content and data
To use some parts of the AirHealth Service, you may choose to provide information, data, feedback, symptom information, location information, preferences or other content ("Your Content"). You remain responsible for ensuring that Your Content is accurate, complete, current and that you have the right to provide it.
By submitting or making Your Content available through the AirHealth Service, you grant AirHealth and its service providers a non-exclusive, worldwide, royalty-free licence to host, store, use, reproduce, adapt, display and process Your Content to the extent reasonably necessary to provide, operate, secure, support, improve and administer the AirHealth Service, comply with law, and as otherwise described in AirHealth's Privacy Policy.
AirHealth may remove, limit or refuse content where reasonably necessary for legal, safety, privacy, security or operational reasons. Requests to access, correct or delete personal information are handled under AirHealth's Privacy Policy and applicable law.
7. Privacy
Your use of the AirHealth Service is also subject to AirHealth's Privacy Policy. Without limiting that policy, AirHealth may collect and use account, contact, usage, technical, support, payment and billing information to provide the AirHealth Service, authenticate access, manage accounts and API keys, process payments, respond to support requests, monitor misuse, maintain records, comply with law, and improve service quality and reliability. AirHealth may also generate and use aggregated or de-identified analytics for service improvement, capacity planning and operational insight.
AirHealth may use third-party providers for hosting, communications, analytics, support, subscription management, payments, fraud prevention and security. Some of those providers may store or process information outside Australia.
8. Changes to the Service, suspension and termination
AirHealth may change, add to, restrict, suspend or discontinue all or part of the AirHealth Service from time to time. This may include changing content, features, pricing, plans, endpoints, supported functionality or availability. Where reasonably practicable, AirHealth will try to give advance notice of material changes affecting paid or API services.
You may stop using the AirHealth Service at any time. AirHealth may suspend, restrict or terminate your access immediately where reasonably necessary because of:
- a breach of these Terms;
- suspected misuse, repeated limit evasion or security risk;
- unlawful conduct;
- overdue or failed payment or a payment dispute;
- protection of the AirHealth Service, other users, or third parties; or
- an instruction from a regulator, court or other competent authority.
If your access ends, you must stop using the affected part of the AirHealth Service and any disabled or revoked credentials. Clauses that by their nature are intended to continue after access ends, including clauses about payment, intellectual property, privacy, disclaimers, liability and past breaches, continue to apply.
9. Intellectual property
Unless otherwise indicated, AirHealth or its licensors own all right, title and interest in the AirHealth Service and its content, including relevant copyright, trade marks, software, design elements, documentation, branding and other intellectual property.
Except as these Terms or the law allow, you must not copy, reproduce, adapt, republish, upload, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit the AirHealth Service or its content.
Some data, feeds or other content made available through the AirHealth Service may be subject to additional third-party licence terms, attribution requirements or usage conditions notified by AirHealth. You must comply with those requirements if they apply.
10. Third-party services and links
The AirHealth Service may link to, integrate with, or rely on third-party websites, platforms, payment providers, app stores, tools or services. Those third parties are independent from AirHealth and may have their own terms, privacy notices, fees and operating rules.
AirHealth is not responsible for the availability, security, accuracy, products, services or privacy practices of third-party services, except to the extent liability cannot lawfully be excluded. Your use of a third-party service is at your own risk and subject to that third party's terms.
11. Limitation of liability
To the extent permitted by law, the AirHealth Service and its content are provided on an "as is" and "as available" basis for general informational use. AirHealth does not promise that the AirHealth Service will be uninterrupted, error-free, complete, current, secure or suitable for every purpose.
To the extent permitted by law, AirHealth excludes liability for indirect, incidental, special, punitive or consequential loss, and for loss of revenue, profit, business, goodwill, opportunity or data arising out of or in connection with the AirHealth Service.
Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded under applicable law.
12. General
AirHealth may update these Terms from time to time by publishing an updated version on the AirHealth website or in relevant service materials. The updated Terms take effect when published, or on any later date stated in the updated version. If you do not agree with an updated version, you must stop using the AirHealth Service before the updated Terms take effect or before you continue use after publication, as applicable.
If a court or tribunal decides that any part of these Terms is unenforceable, the rest of the Terms continue to apply to the fullest extent permitted by law.
These Terms are governed by the laws of Victoria, Australia, unless mandatory law says otherwise. You submit to the non-exclusive jurisdiction of the courts of Victoria and any courts hearing appeals from them in connection with these Terms.
For questions about these Terms and the AirHealth Service, please contact us at TheTeam@AirHealthLab.com.