Planet Innovation Products Pty Ltd (ACN 153 338 660)

The following are terms of a legal agreement between You (being an individual user of the System) and Planet Innovation Products Pty Ltd (ACN 153 338 660) (We, Us or PIP).

1. Introduction

Thank you for Your interest in the BelovioTM Check mobile application, an end-user program (or ”app”) designed to facilitate clinical care for patients using the BelovioTM Check by streamlining the transfer of information from You to your healthcare provider (System). The System transfers to your healthcare provider encrypted results when You use the rapid chromatographic immunoassay-based fertility urine test system (Results).

The System uses a QR code System provided by your healthcare provider to link you to your healthcare provider.  When you insert your urine test stick into the BelovioTM Check Reader, the System collects results from your urine, encrypts those results and transmits the Results to your healthcare provider using third party data infrastructure.

Results that are uploaded to the System are stored locally on Your device in an encrypted form, and neither You nor We have access to such information. The Results are stored on Your device for the sole purpose of ensuring successful transmission to Your healthcare provider, and that such Results can be re-transmitted if the connection fails.  As a result, We will not, and are unable to, transfer any Results other than as described in these Terms of Use.

By using the System (and agreeing to these Terms of Use when you use the System for the first time) You create an agreement with Us.  Under this agreement, You agree to be bound by these terms of use as amended from time to time (Terms of Use). In return, We agree to allow You to access and use the System.

Access to the System may be withdrawn at any time without notice.  These Terms of Use will survive any such withdrawal.

Please take the time to read these Terms of Use carefully as they contain important information regarding Your legal rights remedies and obligations, and include various limitations and exclusions.  If You do not agree with these Terms of Use, You may not register for, access, or use the System.

2. Our Conduct

We will not, and are unable to, transfer and/or access any Results (or raw data, i.e. unencrypted) other than as described in these Terms of Use.

We will use all reasonable endeavours to ensure that the System (including any Results) is maintained in accordance with applicable laws pertaining to privacy and the processing, use, storage, disclosure and disposal of health information relevant to You.

3. Your Conduct

a) General Obligation

You must access and use the System in a diligent and professional manner, in good faith and for a proper purpose, and in accordance with all applicable laws, regulations, rules, policies and codes of conduct relevant to the use of the System.

b) Specific Obligations

Patient Consent

Before using the System, You acknowledge and agree that:

  • the System is a computerised system designed to capture and facilitate transfer of encrypted data concerning patient fertility to responsible healthcare providers;
  • the data will be collected and encrypted, and the Results automatically transferred to your healthcare provider for the purposes of providing the System.

System Use and Account Maintenance

You may only access and use the System via Your unique QR code provided by your healthcare provider, and You must keep such QR code, safe, secure and secret, and must not share them with anyone else, and must prevent unauthorised use of the System.  You must comply with all policies of PIP or its associates (including licensors) (Associates) contained in, or referred to on, the System or as otherwise communicated to You by or on behalf of PIP from time to time.

You may only access or use the System for the purpose of receiving clinical care as a patient, and You must not use the System or any Results to gain an improper advantage for Yourself or someone else.

You further agree not to:

  • use or attempt to use another’s account, service or system without authorisation from PIP, or create or use a false identity on the System;
  • attempt to obtain unauthorised access to any Results or any aspect of the System which is restricted from Your access;
  • disrupt, modify or interfere with the security of, or otherwise abuse, the System, or any Results, services, system resources, software (including source code and object code), accounts, servers or networks connected to or accessible through the System;
  • disrupt or interfere with any other user’s enjoyment of the System; or
  • upload, post, disseminate or otherwise transmit on or through the System any:

(i)          unlawful, defamatory, harassing, libelous, tortious, abusive, offensive, threatening, or obscene material of any kind;

(ii)         Results in respect of a patient other than such Results as may be reasonably necessary to facilitate the clinical care of that patient; or

(iii)       any viruses or other harmful, disruptive or destructive subject matter.

In addition, and to the to the fullest extent permitted by applicable law, You agree that, save in the instance of a material breach of any of the obligations imposed on Us under this Agreement, You are solely responsible for actions and communications undertaken or transmitted by Your use of the System.

4. Privacy Policy and Ownership

a) Results

You own all rights in Your Results.

You grant to Us a right to use Your Results, and allow your healthcare provider and others to use Your Results, but only to the extent strictly necessary to provide the System, and in accordance with any Privacy Legislation or our Privacy Policy, which is incorporated by reference as if fully set forth in these Terms of Use.

b) Intellectual Property Rights

All rights in all software, designs, arrangements, layouts, sequences, forms and graphics pertaining to the System belong to PIP.  All trade marks, product names, and company names and/or logos displayed on the System are either trade marks or registered trade marks of PIP or its licensors and may not be reproduced, imitated, or used, in whole or in part, without the prior written permission of PIP.  All page headers, custom graphics, button icons, and logos are service marks, trade marks and/or trade dress of PIP or its Associates and may not be reproduced, imitated, or used, in whole or in part, without the prior written permission of PIP.

We grant You a non-exclusive, non-assignable, non-transferable, non-sublicensable licence, for your use only, to access and use in good faith the System in accordance with these Terms of Use.  Such licence is granted in consideration of the assignment of rights under this section.  You acknowledge that using the System does not give You or any other person any interest in any intellectual property rights that may subsist in the System.

5. Notice of Inappropriate Use

If You believe that Your Results have been improperly used on the System, or that any other person has engaged in any conduct contrary to these Terms of Use, please contact Us by email addressed to

6. Links to Third Party Websites

The System may (from time to time) contain links to other Web sites.  These links are provided as a convenience and do not constitute an endorsement, sponsorship or recommendation by PIP of or affiliation or association of PIP with or responsibility of PIP for the linked Web sites or any Results or products available on or through such sites.  If You decide to visit any linked site, You do so at Your own risk and it is Your responsibility to take all protective measures to guard against viruses or other destructive elements.

7. Termination

PIP may, by written notice to your healthcare provider, immediately terminate Your access to the System without liability to You or any third party if You breach these Terms of Use.  We may at any time, by written notice to your healthcare provider, terminate Your access to the System without liability to You or any third party.

8. Disclaimers, Limitations of Liability and Indemnity

a) Disclaimers

As Results are submitted by individual users (including You), PIP and its Associates cannot guarantee the accuracy of, and assume no legal liability or responsibility for the accuracy, currency or completeness of, any Results.

You acknowledge that your healthcare provider is responsible for making his/her own independent assessment of the currency, relevance and accuracy of Results before relying or suggesting (as the case may be) a diagnosis or recommending or commencing (as the case may be) any particular course of action.

The System, including Results, is provided on an “as is” and “as available” basis.  You acknowledge having read and understood these Terms of Use, including the Disclaimers in this Section 8, and any other conditions brought to Your attention in the course of Your access to, or use of, the System.

To the maximum extent permitted by law, You expressly agree that:

(i) Your use of the System and Results is at Your sole risk;

(ii) We rely on the professional skill and judgment of Your healthcare provider, in Your access to and use of the System, including providing and interpreting any Results;

(iii) Except as otherwise expressly agreed in writing, PIP and its Associates expressly disclaim any implied or express representations or warranties of any kind relating to the use of the System;

(iv)We rely on You to maintain the security of your unique QR code and device, and as such you acknowledge PIP and its Associates assume no responsibility for, and make no warranty or representation that confidentiality of information transmitted through the System will be maintained by users of the System (including You);

(v)        Without limiting the foregoing, PIP and its Associates assume no responsibility for, and make no warranty or representation:

  • as to the accuracy, currency, completeness, reliability or usefulness of, any information obtained through use of the System (including any advice, opinion, statement or other Results or any products or services distributed or made available by third parties through the System);
  • that the System will be of merchantable quality, fit for a particular purpose or meet Your requirements;
  • that any access to, or use of, the System will:
  • not infringe any rights (including intellectual property rights) of any third party;
  • be free of defects, viruses, or anything else (such as worms or trojan horses) that may interfere with or damage the operations of a computer system; or
  • be uninterrupted or error free, and

(vi)       PIP and its Associates are not liable to You or anyone else for any:

  • reliance by You on the assessment provided by the healthcare provider;
  • interference with or damage to Your computer system that may occur in connection with Your use of the System;
  • acts or omissions of Your internet service provider or any public or private telecommunications networks, including any system error, service outage, slow performance, bandwidth capacity problems, unauthorized access, malware or viruses.

No advice or information, whether oral or written, obtained by You from or through Your use of the System, or otherwise from PIP or its Associates, creates any warranty not expressly made in these Terms of Use.  You acknowledge that PIP does not in any respect control any Results, information, or services offered by any third party through the System.

b) Limitation of liability

To the maximum extent permitted by law, PIP and its Associates exclude all liability to any person for loss or damage of any kind (howsoever caused, including by negligence) arising from or relating in any way to any access to or use, suspension or termination of the System (including liability for any special, indirect, consequential or incidental damages, including, damages for personal injury (including vision impairment or loss), death, misdiagnosis, defamation, loss of profits or revenues, business interruption, loss of programs or other data or costs of replacement goods, or otherwise, even if same have been expressly advised of the possibility of such loss or damages).

Where any legislation implies in the agreement any term, condition or warranty, and also renders void any provision in a contract which purports to exclude or modify the application or exercise of, or liability under, such term, condition or warranty, such term, condition or warranty will be deemed to be included in these terms of use. However, to the maximum extent permitted by law, the aggregate liability of PIP and its Associates for any breach of such term, condition or warranty will be limited, at PIP’s option, to supplying the services to You again or the payment to You of the cost of having the services supplied again, and You acknowledge and agree that it is fair and reasonable for Us to rely on this paragraph.

c) Indemnity

You must indemnify and keep indemnified PIP and its Associates and their respective directors, officers, employees and agents from and against any claims, losses, liabilities, costs, expenses (including investigative costs, court costs, legal fees, penalties, fines and interest) and damages of any kind whatsoever (including those which are prospective or contingent) directly or indirectly arising out of or in connection with Your use of the System and any Results, including arising in connection with any breach of these Terms of Use.

9. Force Majeure

PIP will not be liable for any failure to perform, or any delay in performance of, any act required under these Terms of Use by reason of any act of God, act of nature or other event of whatever nature or whatever reason beyond the reasonable control of the party, including any epidemic or outbreak of pandemic as declared by the WHO, fire, act, decree, legislation, regulations or restrictions of government or state, war, civil commotion, insurrection, embargo, prevention from or hindrance in obtaining raw material, energy or other supplies, impossibility of the use of public or private telecommunications networks, or labour disputes, and performance of such acts shall be excused for the period of such event.

10. Governing Law; Venue and Jurisdiction

a) Applicable Law

Unless otherwise required by mandatory law, these Terms of Use shall be governed by the laws of the State of Victoria, Australia PIP will always comply with mandatory laws in your country of residence such us consumer protection laws. We do not have any intention to exclude or limit such rights by these Terms of Use.

b) Competent Jurisdiction

Unless otherwise required by mandatory law any dispute arising from the interpretation and/or performance of these Terms of Use, shall be submitted to the exclusive jurisdiction of Courts having jurisdiction in the State of Victoria, Australia.

11. Effective Date, Amendment and Severability

These Terms of Use are effective as of January 2022.  PIP may from time to time revise these Terms of Use (including the Privacy Policy) by updating this posting, and it is Your responsibility to regularly check the System to determine if there have been changes to these Terms of Use and to review such changes.  Your continued use of the System after any such updating means You accept such revisions and any changes to the Privacy Policy will apply both to User Information and Health Information We already have about You at the time of the change, and any such information created or received after the change takes effect.  If You do not agree to any changes, You must not continue to use the System.

If any provision of these Terms of Use is held to be unenforceable, the remaining provisions shall remain in full force and effect.

12.  Entire Agreement

These Terms of Use contain the entire understanding and agreement between You and PIP regarding the System, and supersede all prior and contemporaneous agreements and understandings between the parties regarding such subject matter.