Terms of use for the my health app

1.    Definitions

In these Terms:

app means the my health gov ('my health') application, owned and operated by Us. 

Intellectual Property Rights includes all present and future rights in relation to copyright, trademarks, designs, patents, trade, business or company names, trade secrets, confidential or other proprietary rights, or any rights to registration of such rights whether created before or after the date of this agreement, and whether existing in Australia or otherwise.

‘my health’ Privacy Policy means the my health app privacy policy.

My Health Record Privacy Policy means the My Health Record Privacy Policy.

My Health Records Act means the My Health Records Act 2012 (Cth), as amended from time to time.

Personal Information has the meaning given in the Privacy Act.

Privacy Act means the Privacy Act 1988 (Cth), as amended from time to time.

Terms means these terms of use and includes any document included by reference.

Third Party API means an application programming interface supplied by a third party.

Third Party Content means content that is controlled or produced by a third party.

Third Party Terms means terms such as an open source licence, terms and conditions, or a privacy policy, of a third party.

Use Policies means the ‘my health’ Privacy Policy and other conditions and policies relating to the use of the app published by Us or notified by Us to You. 

We, Us or Our means the Australian Digital Health Agency (ABN 84 425 496 912) or a successor Agency or department performing substantially the same functions and includes, as the context requires, its personnel.

You or Your is a reference to the user agreeing to these Terms.

2.    Interpretation

In these Terms: 

(a)    headings are for convenience only and do not affect interpretation; and unless the context otherwise requires:

(b)    words importing the singular include the plural and vice versa

(c)    to the extent of any inconsistency between the terms in this document and another part of this agreement, the terms in this document prevail; and

(d)    includes in any form is not a word of limitation.

3.    Agreement to these Terms

(a)    These Terms set out the basis on which You undertake to access or use the app.  You acknowledge and agree that if We provide You with access to the app in accordance with these Terms, that access is given to You in consideration of Your agreement to these Terms.

(b)    These Terms apply on and from the date You accept these Terms and continue until terminated.

4.    Changes to these Terms

(a)    We may change these Terms at any time, and the functionality of the app at any time.

(b)    If We make changes to these Terms, You will be notified and asked to accept the updated Terms, if You want to continue to use the app.

(c)    The updated Terms replace any Terms You may have previously accepted.

(d)    If We make any changes to the functionality of the app that will remove material functionality or otherwise materially negatively impact the functionality of the app, We will use reasonable endeavours to notify You. Following such notification, if You decide that You no longer wish to use the app as modified then You must cease using the app in accordance with clause 15(a).

5.    Intellectual Property Rights

(a)    All the copyright and other Intellectual Property Rights subsisting in this app and material contained in this app (such as software, text, images, video, audio and data) are owned by Us, or owned by third parties (and licensed to Us), and are protected by the laws of Australia, and nothing in these Terms transfers ownership in, or otherwise grants any interest in, any Intellectual Property Rights of Us or Our licensors. You will not dispute such ownership.

(b)    We may make available Third Party Content in or via the app (including by embedding such third party content, within the app using approved APIs or providing a link to an application or website). We will always try to make it clear to You in the app when You are accessing, or when You may be about to access, any Third Party Content.

(c)    Your use of such Third Party Content may be subject to Third Party Terms. We may notify You of any Third Party Terms, or the relevant third party that provides the Third Party Content may notify You of any Third Party Terms directly. You must comply with such Third Party Terms if You agree to them. You will be deemed to have agreed to such Third Party Terms if You use or access the Third Party Content.

(d)    Such Third Party Terms will govern Your relationship with the third party (including in respect of any information they collect from You while You are using the relevant Third Party Content). You acknowledge that the Third Party Content may not be available to You if You do not agree to the corresponding Third Party Terms. If You have any questions, or issues, about or in connection with any Third Party Content, You should contact the third party responsible for such Third Party Content.

(e)    The app may contain or display trade marks owned by Us or third parties. Nothing contained in the app grants to You any licence or right of use of any trademark displayed on the app.

(f)    You acknowledge that apart from rights to use the app as permitted by the Copyright Act 1968 (Cth) or as permitted by these Terms, all other rights are reserved. Any of Your requests or inquiries concerning reproduction rights of material contained in this app should be sent to Our Communications Branch by contacting Us by email to help@digitalhealth.gov.au.

6.    Use of the app

You acknowledge and agree that the content on or provided via the app is intended for Your information, is not professional advice from Us and is made available subject to the following conditions:

(a)    You may access or use the app and its contents to the extent permitted by law; and

(b)    You must comply with these Terms and any Use Policies.

7.    Restrictions on use

(a)    In accessing or using the app and its content You must not:

  1. violate or infringe upon the intellectual property rights or the privacy of any person or entity or that may otherwise be unlawful or give rise to civil or criminal liability;
  2. otherwise violate any applicable laws or access or use the app for any unlawful purpose;
  3. introduce or distribute viruses, spyware, malware, harmful code, corrupted files or any other similar software or programs that may damage the operation of any computer hardware or software;
  4. communicate or store any message or material that is defamatory, harassing, libellous, threatening, unlawful, immoral, pornographic, vulgar, abusive, insulting, inflammatory, offensive, obscene, or otherwise inappropriate or objectionable;
  5. engage in any other conduct that is likely to damage, disable, overburden, or impair the app; or
  6. engage in any other conduct that inhibits any other person from accessing the app or interferes in any way with the use or enjoyment of the app, any Third Party Content or Third Party APIs by any other person.

(b)    You agree, except to the extent permitted by these Terms or applicable law:

  1. not to copy, alter, modify, adapt, distribute, decompile, disassemble, reverse engineer, create derivative works from, or otherwise attempt to derive source code from object code, the app (or any part of the app);
  2. not to copy, alter, modify, publish, adapt, sell, sub-licence, transfer, assign, distribute, decompile, disassemble, reverse engineer, dispose of, commercialise, repurpose, create derivative works from, or otherwise attempt to derive source code from object code, any Third Party Content or Third Party APIs (including for profit or gain);
  3. attempt to bypass any security measures within the app or any Third Party APIs;
  4. not to sell, rent, lease, loan, license, sub-license, display, time share, or otherwise transfer the app or Third Party APIs to, or permit the use of the app or Third Party APIs by, any third party;
  5. not to remove any copyright or proprietary notice from the app;
  6. not to modify app source code in any way;
  7. not to access the app by any means other than via the app and user interface (for example, by using APIs or machine-to-machine methods); and
  8. to use reasonable care and protection to prevent the unauthorised use, copying, publication or dissemination of the content on the app.

8.    Our rights

We reserve the right to, immediately and without notice:

(a)    remove content from the app; and

(b)    intercept, remove or alter any content stored on the app.

9.    Availability of the app

(a)    We will use reasonable endeavours to make the app available to You at all times.

(b)    We may temporarily suspend the app for the purpose of planned maintenance or an upgrade notified in advance or without notice in the event that emergency maintenance is required.

(c)    The app is accessed by the internet.  You are responsible for providing and maintaining hardware, software, internet access and other services needed to access the app including ensuring that they meet the minimum specifications published by Us from time to time.

(d)    You acknowledge and accept that:

  1. We may utilise external services, infrastructure and websites or other software applications in the provision of the app; and
  2. We have no direct control over the availability of those external services, infrastructure or websites.

10.    Third Party Content and Third Party APIs

(a)    The app may contain or refer to Third Party APIs or Third Party Content. We make no representations about the accuracy of, and take no responsibility for, any Third Party APIs or Third Party Content.

(b)    Unless expressly stated, any inclusion of Third Party APIs or Third Party Content or references to a third party or Third Party APIs or Third Party Content (including any third party applications, third party websites, third party telephone services and other third party information sources), should not be taken as an endorsement or recommendation by Us and any opinions, statements, services or other Third Party Content are those of the respective author(s) and not Ours.

(c)    If You link from the app to Third Party API or Third Party Content (including any third party application, third party websites, third party telephone services and other third party information sources)), You acknowledge that We have no control over the Third Party API or Third Party Content and therefore have no responsibility for any loss suffered or incurred by You in connection with any transaction, or activity, that You conduct or facilitate with any Third Party API or Third Party Content.

(d)    You and We acknowledge that some Third Party Content and Third Party APIs are provided to Us under separate licence agreement(s) as further described below:

  1. a licence agreement between Us and Healthdirect Australia (and You and We acknowledge that Healthdirect Australia has rights under that licence agreement); and
  2. a licence agreement between Us and Medication Knowledge.

(e)    Certain Third Party Content may be accessed or provided using Third Party APIs. You acknowledge that We do not have any control over the functionality or operation of Third Party APIs and therefore have no responsibility for any loss suffered or incurred by You arising in connection with the operation of any Third Party APIs.

11.    Privacy and My Health Record

(a)    You will take steps reasonably requested by Us to enable Us to comply with the Privacy Act and My Health Records Act, and not do anything that could cause Us to breach the Privacy Act and My Health Records Act.

(b)    By accessing or using the app, You represent and warrant that You are either:

  1. a healthcare recipient with a My Health Record under the My Health Records Act and that the My Health Record You are accessing or managing is Your own; or
  2. a person who is a representative of a healthcare recipient authorised to access or manage a My Health Record under the My Health Records Act and that You are accessing or managing the My Health Record of the healthcare recipient that You represent.

(c)    You may upload via the app only the following information to a My Health Record that you are authorised to access:

  1. emergency contact information; and
  2. prescriptions, medications, allergies and adverse reactions information in a personal health summary. 

You are responsible for checking that the information is accurate, complete and up-to-date and for deciding whether to rely on that information. Neither We nor the app are responsible for checking the information for You. If You are not sure about the quality of the information, or do not understand it, You should seek assistance from Your doctor or other medical practitioner. Before nominating an emergency contact within the app, You should seek the consent of the relevant individual and inform them that that You are nominating them.

(d)    You agree that We will use the information You enter and upload via the app to a My Health Record in accordance with the ‘my health’ Privacy Policy and the My Health Record Privacy Policy. You are responsible for ensuring that the information you enter and upload will not infringe any third party rights (including Intellectual Property Rights).

(e)    You should not share or use information in or derived from My Health Record for prohibited purposes including:

  1. underwriting a contract of insurance that covers the healthcare recipient; or
  2. determining whether to enter into a contract of insurance that covers the healthcare recipient (whether alone or as a member of a class); or
  3. determining whether a contract of insurance covers the healthcare recipient in relation to a particular event; or
  4. an employer employing, or continuing or ceasing to employ, the healthcare recipient.

Use for a prohibited purpose may be subject to civil or criminal penalties under the My Health Records Act.

12.    Data

You agree that We may collect and use data and related technical information associated with Your access and use of the app, including technical information about Your device, system and application software. We may use and disclose this information to monitor, administer, and improve the performance of the app.

13.    Opinions and recommendations

(a)    The app may contain (or provide access to) opinions or recommendations of Ours or third parties.

(b)    You acknowledge and agree that any such opinions or recommendations given by third parties are not Our opinions or recommendations.

(c)    Any of Our opinions and recommendations are made in good faith but are not to be read or construed as a warranty or guarantee that such opinions or recommendations:

  1. are accurate or complete;
  2. are or will be adopted by other persons;
  3. are or will be endorsed, approved, promoted, or mandated by Australian or international governmental health authorities in the future in connection with digital health initiatives or otherwise; or
  4. will continue to be promoted by them in the future.

(d)    In relying on or otherwise using any such opinions or recommendations, You:

  1. must make Your own independent assessment of the appropriateness of those opinions or recommendations in light of Your own particular circumstances;
  2. must not rely on Us in deciding whether or not to follow those opinions or recommendations, or take any action based on them; and
  3. should seek Your own professional advice or exercise Your own judgement in respect of any decision to rely on those opinions or recommendations.

(e)    We may remove any review of the app from an app store.

14.    Disclaimers and limitations of liability

(a)    To the extent permitted by law:

  1. the app and its content are provided on an 'as is' basis;
  2. You use the app and its content at Your own risk; and
  3. We disclaim all express or implied warranties of any kind including, without limitation, as to accuracy, adequacy, completeness, merchantability, fitness for a particular purpose of, and non-infringement of third-party rights by, the app and its content.

(b)    To the extent permitted by law, any term, condition or warranty which would otherwise be implied into these Terms is excluded. Where a consumer guarantee or term implied by law cannot be excluded, Our aggregate liability for any breach of the guarantee or term is limited to supplying the services again.

(c)    To the extent permitted by law, in no event will We be liable for any direct or indirect loss or damage whether through tort (including negligence) or for any other common law or statutory cause of action including, without limitation:

  1. any loss or damage which is incidental, special, consequential, or exemplary, or is a loss of profits, revenue, anticipated savings, business opportunity or goodwill;
  2. any loss or corruption of data; and
  3. any other losses suffered by You or any other person as a result of, or in connection with Your use of the app, its content or linked applications or websites.

(d)    You acknowledge and agree that You remain liable for Your acts and omissions in connection with the use of the app.

15.    Termination

(a)    You may at any time terminate Your access to and use of the app by uninstalling the app from the relevant device. 

(b)    We reserve the right to, immediately and without notice, terminate or suspend Your access to and use of the app (in whole or in part).

(c)    On termination by Us of Your access to the app, You must cease all use of the app, and promptly remove it from the relevant device(s). If We suspend Your access to and use of the app, then You must immediately cease using the app. If We terminate or suspend Your access to and use of the app in part, then You must cease all use of that part of the app.

(d)    Our exercise of these rights will not prejudice or affect Our accrued rights, claims or liabilities under these Terms.

16.    Severance

If any part of these Terms is illegal or unenforceable, this will not affect the legality or validity of the remaining parts.

17.    Governing law

The laws of New South Wales, Australia govern these Terms and Your access to and use of the app. You submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

Date last updated: 18 June 2025