Terms of Use
ScopeCoach is an educational companion that helps you stay organised before a colonoscopy. It never replaces your healthcare team's instructions.
Welcome to ScopeCoach. These Terms of Use ("Terms") govern your use of the ScopeCoach mobile application (the "App") and the ScopeCoach website at scopecoach.com.au (the "Website"), together the "Services", operated by ScopeCoach ("we", "us", "our"), based in Queensland, Australia.
By downloading, installing, accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.
1. What ScopeCoach is — and what it is not
ScopeCoach is an educational companion designed to help people stay organised before a colonoscopy. It provides reminders, checklists and general educational information. It does not provide personalised medical advice or replace your healthcare team's instructions.
ScopeCoach is not a medical device. It does not diagnose, treat, cure, prevent or monitor any medical condition, and it does not assess your individual health, your bowel preparation, or your readiness for a procedure. All content in the Services is general in nature and is provided for educational and organisational purposes only.
Your hospital, doctor and official bowel preparation instructions always come first. If anything in ScopeCoach differs from the instructions given to you by your healthcare team, you must follow your healthcare team's instructions.
2. No medical advice
Nothing in the Services constitutes medical advice, diagnosis or treatment, and no doctor–patient or other therapeutic relationship is created by your use of the Services. Always consult your doctor, specialist, hospital or procedure unit about your colonoscopy, your bowel preparation, your medications, and any symptoms or concerns.
Never delay seeking medical advice, disregard professional medical advice, or stop or change a prescribed medication because of something you have read in ScopeCoach. If you feel seriously unwell during bowel preparation — for example severe pain, repeated vomiting, fainting, chest pain, confusion, or you cannot keep fluids down — contact your hospital, procedure unit or doctor immediately, or call Triple Zero (000) in an emergency. In Queensland you can also call 13 HEALTH (13 43 25 84) or healthdirect on 1800 022 222 for 24-hour health advice.
3. Your acknowledgements and assumption of responsibility
By using the Services, you expressly acknowledge and agree that:
- the Services provide general educational information and organisational tools only, and are not a substitute for professional medical advice, diagnosis or treatment;
- bowel preparation is a medical process carried out under the direction of your own healthcare team, and decisions about your preparation are matters between you and your healthcare team;
- you will rely on your own healthcare team — not the Services — for all decisions about your health, your preparation, your diet, your medications and your procedure;
- it would be obvious to any reasonable person that general information in an app cannot take account of your individual medical circumstances, and you accept sole responsibility for how you use the information in the Services; and
- any reliance you choose to place on content in the Services is at your own risk.
These acknowledgements are relied on by us and form an essential basis of our agreement to provide the Services to you. They are intended to operate, among other things, for the purposes of the Civil Liability Act 2003 (Qld), including its provisions on obvious risks and the voluntary assumption of risk.
4. Who may use the Services
The Services are intended for adults in Australia preparing for a colonoscopy, and for carers and family members supporting them. You must be at least 16 years old to use the Services. If you use the Services on behalf of someone else, you agree to these Terms on their behalf as well as your own, and you must ensure they are aware of the acknowledgements in clause 3.
5. Your responsibilities
When using the Services, you agree to use them only as an organisational and educational support alongside — never instead of — your official medical instructions. You are responsible for entering accurate information into the App (such as your procedure date), for setting reminders correctly, and for checking that reminders fired as expected. Reminders can fail for many reasons outside our control, including device settings, battery optimisation, do-not-disturb modes, notification permissions and operating system behaviour. Do not rely on the App as your only reminder of medically important steps.
You agree not to misuse the Services, including by attempting to copy, modify, reverse engineer, scrape or resell them, interfering with their operation or security, using them to provide advice to others in a professional context without our written consent, or using them for any unlawful purpose.
6. Intellectual property
The Services, including all text, guides, checklists, graphics, logos and design, are owned by ScopeCoach or its licensors and are protected by Australian and international intellectual property laws. We grant you a personal, non-exclusive, non-transferable, revocable licence to use the Services for your own personal, non-commercial use. You may download and print the free guides for your own preparation or to help someone you care for, but you may not sell them, alter them, or remove ScopeCoach branding or safety notices from them.
Healthcare professionals and organisations who wish to distribute ScopeCoach materials to patients are welcome to contact us at scopecoach.app@gmail.com.
7. Accuracy of content
We work hard to keep ScopeCoach's educational content consistent with commonly used Australian bowel preparation guidance, and we review it periodically. However, preparation instructions differ between hospitals, specialists and preparation products, and guidance changes over time. To the maximum extent permitted by law, we do not warrant that the content is complete, current, accurate or applicable to your individual circumstances. The content is general information only, and nothing in the Services is a representation about the outcome of your preparation or procedure.
8. Availability of the Services
We may update, change, suspend or discontinue any part of the Services, including the free guides and the App's features, where we have a legitimate reason to do so — for example to correct or improve content, meet legal or app store requirements, or retire features. Where a change would significantly reduce the core functionality of the App, we will give reasonable notice where practicable (for example through the App or Website). We do not guarantee that the Services will be uninterrupted, error-free or available at all times, and you are free to stop using the Services at any time.
9. Consumer guarantees — your rights that we do not exclude
The Australian Consumer Law, which applies in Queensland as a law of Queensland under the Fair Trading Act 1989 (Qld), gives consumers guarantees that cannot be excluded, restricted or modified — including that services will be provided with due care and skill and be reasonably fit for any purpose you make known to us. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified. Any provision of these Terms that would otherwise do so is to be read down to the extent necessary to comply with the law.
10. Disclaimer and limitation of liability
Subject always to clause 9:
(a) Services provided "as is". To the maximum extent permitted by law, the Services are provided "as is" and "as available", and all conditions, warranties, guarantees and representations that are not expressly set out in these Terms and are capable of exclusion are excluded.
(b) Exclusion of liability, including for negligence. To the maximum extent permitted by law, we exclude all liability to you or any other person for any loss, damage, cost, expense, injury or illness (including indirect, incidental, special or consequential loss, and loss caused by our negligence) arising out of or in connection with: your use of, reliance on, or inability to use the Services or their content; any missed, delayed or failed reminder or notification; any difference between the Services' general content and the instructions of your healthcare team; any act or omission of your healthcare team, hospital or any third party; and any event beyond our reasonable control.
(c) Limitation where liability cannot be excluded. Where our liability cannot be excluded but can lawfully be limited, our total aggregate liability to you is limited, at our option, to re-supplying the relevant Services, paying the cost of having the relevant Services re-supplied, or refunding any amount you paid us for the Services in the 12 months before the event giving rise to the claim.
(d) Proportionate reduction. Our liability for any claim is reduced to the extent that your own acts or omissions — including failure to follow your healthcare team's instructions, failure to keep your device or notification settings in working order, or failure to heed the warnings in these Terms and in the Services — caused or contributed to the loss, consistent with the contributory negligence provisions of the Civil Liability Act 2003 (Qld) and the Law Reform Act 1995 (Qld).
The exclusions and limitations in this clause are expressly intended to extend to liability in negligence, and each paragraph of this clause is a separate and severable limitation.
11. Indemnity
To the maximum extent permitted by law, you indemnify us against any loss, damage, cost or expense (including reasonable legal costs) we suffer arising out of your misuse of the Services, your breach of these Terms, or your unlawful conduct, except to the extent the loss was caused by our own negligence or breach of these Terms.
12. Third-party platforms and links
The App is distributed through Google Play and the Apple App Store, and your use of those platforms is also governed by their terms. Google and Apple are not parties to these Terms and have no responsibility for the Services. The Services may link to third-party websites (such as hospital, Queensland Health or other government health websites). We do not control and are not responsible for third-party content, and a link does not imply endorsement.
13. Privacy
Our collection and handling of personal information is described in our Privacy Policy, which forms part of these Terms.
14. Changes to these Terms
We may update these Terms from time to time where we have a legitimate reason, such as changes to the Services, the law, or app store requirements. The current version will always be available at scopecoach.com.au/terms, with the "Last updated" date shown at the top. For significant changes we will give reasonable advance notice through the Website or the App. If you continue to use the Services after updated Terms take effect, you accept the updated Terms; if you do not agree, you must stop using the Services.
15. General
Severability. If any provision of these Terms is void, unenforceable or illegal (including under the unfair contract terms provisions of the Australian Consumer Law), it is severed or read down to the minimum extent necessary, and the remaining provisions continue in full force.
Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and us in relation to the Services and supersede all prior understandings.
No waiver. A failure by us to enforce a provision of these Terms is not a waiver of that provision or of our right to enforce it later.
Assignment. You may not assign your rights under these Terms. We may assign our rights and obligations to a successor operator of ScopeCoach, provided your rights under these Terms are not materially reduced.
16. Governing law and jurisdiction
These Terms are governed by the laws of Queensland, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia sitting in Queensland, and any courts hearing appeals from them.
17. Contact
Questions about these Terms can be sent to scopecoach.app@gmail.com.
ScopeCoach — a registered business name of Belinda Quakawoot (ABN 61 857 153 439), Queensland, Australia.