Terms & Conditions

The website zendoctor.com.au and its related services, products, websites, tools and applications (“Website”) is operated by Zen Doctor PTY LTD trading as Zen Doctor (“Zen Doctor”).

 

These terms and conditions (“Terms and Conditions”) set out the terms on which we agree to give you access to use the Website. Other terms and conditions contained in the privacy policy (“Privacy Policy”) and elsewhere on our Website also form part of our agreement with you.

 

Please carefully read these Terms and Conditions including the disclaimer in clause 11. By using the Website, you agree to be bound by these Terms and Conditions and our Privacy Policy. If you don’t agree to be bound by these Terms and Conditions, you must not use the Website.

 

Please note that this Website is not suitable for people with serious medical conditions or people that require urgent medical attention or health care. If you think you may require urgent medical attention or require emergency help, or are experiencing suicidal or homicidal thoughts, please contact public emergency services by dialling 000 or your local emergency counselling service.

These Terms and Conditions may be updated by us from time to time, and the updated Terms and Conditions will apply from the date they are published on the Website.  Each time you use our Website you should revisit these Terms and Conditions.

  1. Definitions & Interpretation

    1. Definitions

In these Terms and Conditions unless inconsistent with the context or subject matter:

  1. Account: a User’s online account to use our Services.

  2. Applicable Laws: any applicable laws (including orders, by-laws and regulations) in the jurisdiction in which you, and any User you are interacting with are located or which in any way govern or affect the use of the Services, including the laws of the State.

  3. Client: a person who uses the Website to search for and make bookings of Provider Services offered by Providers.

  4. Commission Fee: the fee that we charge Providers in accordance with these Terms and Conditions.

  5. Content: includes any material, text, pictures, sound, graphics, video and other data whether in written form or otherwise.

  6. GST: has the meaning provided in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

  7. Intellectual Property: all intellectual property rights, including without limitation inventions, patents, copyright, trademarks, know-how, processes, concepts, including our Content, the Website and any other platform developed by us and the source code for those systems and any application or right to apply for registration of any of the these rights throughout the world whether registered or unregistered and whether developed before or after the date of these Terms and Conditions.

  8. Loss: any loss, liability, cost (including legal costs on a solicitor and own client basis), charge, expense, tax or damage of any nature whatsoever, including lost profits, loss of goodwill, loss of business, loss of production and any other special, incidental, exemplary, compensatory or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).

  9. Provider: a third party User who registers themselves as a Provider on the Website and lists, supplies and/or provides their Provider Services to Clients on the Website.

  10. Provider Services: any services made available to book by a Provider on the Website from time to time, and includes generally the examination and consultation with Clients by videoconference and other technologies via the Website. Provider services include services provided by doctors and psychologists.

  11. our, us and we: Zen Doctor (as defined above).

  12. Related Parties: our related entities and related bodies corporate (as those terms are defined in the Corporations Act 2001 (Cth)), our officers, directors, agents, and employees.

  13. Services: any services we provide to you, including the Website.

  14. State: New South Wales.

  15. User: any person who uses the Website, and includes a Provider and Client.

  16. you and your: a User, Client or Provider (as the case may be).

  17. Interpretation

 

In these Terms and Conditions, unless inconsistent with the context or subject matter:

  1. a reference to a person includes any other legal entity and vice versa;

  2. words importing the singular number include the plural number and vice versa;

  3. a reference to a party includes the party’s heirs, executors, successors and permitted assigns;

  4. headings are for reference purposes only and must not be used in interpretation;

  5. where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning;

  6. a reference to a statute includes all regulations and subordinate legislation and amendments;

  7. references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes e-mail;

  8. a reference to a monetary amount is a reference to an Australian currency amount unless otherwise stated;

  9. an obligation of two or more parties binds them jointly and each of them severally;

  10. an obligation incurred in favour of two or more parties is enforceable by them severally;

  11. references to time are to local time in the capital city of the State;

  12. where time is to be reckoned from a day or event, the day or the day of the event must be excluded;

  13. a reference to a business day means any day on which trading banks are open for business in the capital city of the State;

  14. if any time period specified in this document expires on a day which is not a business day, the period shall expire at the end of the next business day; and

  15. a reference to a month means a calendar month.

  16. Using The ZEN DOCTOR Website

    1. The Website provides an online platform that facilitates the booking of Provider Services provided by Providers to Clients. The Website provides Clients with on-demand access to a range of Providers, with the ability for Clients to book an online appointment for those Provider Services using the booking and consultation facilities on the Website.

    2. Users who use the Website to make their Provider Services available to be booked on the Website are referred to as Providers and the specific provisions in clause Error! Reference source not found. apply to them.

    3. Users who use the Website to browse and book online appointments for the Provider Services of Providers are referred to as Clients and the specific provisions in clause Error! Reference source not found. apply to them.

    4. Although we list Providers on the Website as their agent (and Providers hereby appoint us as their agent to facilitate such listings), where a Client contacts a Provider or otherwise books an online appointment for the Provider Services of a Provider through the Website, any arrangement entered into (including the online appointment) is directly between the Provider and the Client, and the Provider and the Client are solely responsible for fulfilment of their obligations under that arrangement. We merely provide a Service that facilitates the entrance of an arrangement between the Provider and the Client. We are not party to any such arrangement.

    5. Our Services are available only to, and may only be used by, persons who can form legally binding contracts under Applicable Laws. If you do not qualify, please do not use our Services.

    6. Subject to you complying with these terms, we will provide our Services to you as set out in these terms.

  17. Your Account

    1. In order to use most of the functionality of the Website, you may need to register with us and set up an Account with your email address, a password and other personal information. You are solely responsible for maintaining the confidentiality of your login details and you are liable for all activities (such as purchases) that happen under your Account, even if you do not authorise such activities.

    2. If we enable you to connect to the Website with a third-party service (e.g. Facebook or Google+), you hereby grant us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy. Please contact us immediately if you believe your Account has been compromised or misused in any way.

  18. Providers

    1. General

 

If you are listing your Provider Services and availability on the Website then the terms of this clause will apply to you.

  1. Applying to be a Provider

 

Providers must submit an application to us to join the Website and make available a profile detailing their Provider Services and their contact details and any other information required by the Website. We may in our sole discretion accept or reject an application, without any obligation to provide reasons.

  1. Provider Obligations

    1. Upon request by us, the Provider must:

      1. provide evidence that they are a registered in Australia to provide the Provider Services in accordance with Applicable Laws in force from time to time;

      2. provide evidence that they are of good standing with any relevant board, authority or body governing the Provider Services, including without limitation (as applicable):

        1. the Australian Health Practitioner Regulation Agency (AHPRA);

        2. the Psychology Board of Australia; and/or

        3. any other appropriate industry board, authority or body governing the Provider Services from time to time;

      3. provide such documentation to us and/or prepare such reports which we determine are necessary to monitor that the provision of the Provider Services are compliant with these Terms and Conditions; and

      4. provide a copy of current insurance policies together with proof of payment of all premiums.

    2. During the term of these Terms and Conditions the Provider must (to the extent applicable to the type of Provider Services provided by them):

      1. at all times continue to maintain all current professional association, membership subscriptions, registration and practising licences, certificates and other approvals, at the Provider's own expense, that are necessary in the performance of the Provider Services by the Provider and in particular the following:

        1. a valid working visa;

        2. membership of the relevant board;

        3. a current medical professional indemnity insurance policy; and

        4. a personal Medicare provider number;

      2. at all times ensure that their availability to provide Provider Services as specified on the Website schedule is up to date and correct;

      3. comply with all clinical standards required by (as applicable):

        1. the Royal Australian College of General Providers and Department of Human Services - Medicare Australia in respect of the Provider Services;

        2. the Psychology Board Australia in respect of the Provider Services; and/or

        3. any other appropriate industry board, authority or body governing the Provider Services from time to time;

      4. comply with (as applicable)

        1. the Medical Board of Australia's 'Good Medical Practice:  Code of Conduct for Doctors in Australia', or any replacement code (or similar code) issued by the Medical Board of Australia;

        2. the registration standards, codes, guidelines and policies issued by the Psychology Board of Australia;

        3. any other appropriate standards, codes, guidelines and policies issued by an industry board, authority or body governing the Provider Services from time to time; and/or

        4. all other  laws and ethical requirements regarding the conduct of the Provider Services;

      5. at the Provider's own cost, comply with all continuing professional development obligations;

      6. be responsible for their own income tax and superannuation contributions; and

      7. immediately and progressively inform and provide to us complete details of conversations and copies of related documents from any solicitor, medical defence fund or court concerning a patient complaint or any other matter that might affect the business and reputation of the Services.

    3. Providers acknowledge and agree that:

      1. they are solely responsible for Client information, Client care and the follow up of Clients;

      2. they are not permitted to share contact information of any Clients with another User;

      3. any information provided by the Client at the time of the consultation is confidential in nature and subject to patient and healthcare professional privilege; and

      4. there is no obligation on us to provide Clients to the Providers.

    4. During the term of these Terms and Conditions, the Provider warrants that:

      1. the Provider is skilled, trained, qualified, able and competent to provide the Provider Services;

      2. any representations in relation to the qualifications, education, skills, experience, industry knowledge, contacts and employment history made by the Provider, or by any person on behalf of the Provider, to us, whether before, on or after the date that these Terms and Conditions become binding, are true and correct;

      3. it holds and will continue to hold during the term (at its own cost) the qualifications, memberships, licenses and registrations as required by these Terms and Conditions; and

      4. it will notify us immediately if it ceases to comply with any requirements in these Terms and Conditions or if any of its qualifications, memberships, licenses and registrations are deregistered, cancelled, suspended, varied, altered or amended in anyway, is or becomes subject to any conditions or if the Provider becomes disqualified from applying or for the renewal of such.

  2. Provider Services on the Website

    1. Once you have been accepted as a Provider on the Website, you will be able to list your Provider Services, availability and contact details on the Website. Without limitation to the other terms contained here, if you submit an application to us and/or list Provider Services on the Website, you represent and warrant at all times that:

      1. the listing of the Provider Services and the provision of the Provider Services is not in breach of these Terms and Conditions;

      2. the listing of the Provider Services, and the provision of Provider Services:

        1. will be in compliance with all Applicable Laws; and

        2. will not conflict with the rights of any third parties;

      3. all information provided in the application form and posted on the Website (including without limitation such information about the Provider Services) is valid, true and correct in all respects, and you have not engaged in misleading or fraudulent conduct. Any false statements or information provided are solely at the risk of the Provider; and

      4. you have the legal right to provide the Provider Services and the offering of Provider Services on the Website will not cause any liability for us or another User whatsoever.

    2. If you are registering an Account as a practice on behalf of other providers, you are agreeing to these terms on their behalf. Any breach of these Terms and Conditions by such providers will be deemed a breach by you.

    3. Unless we otherwise agree, Provider Services are to be solely conducted by the Provider through online consultations by voice or video using the Website, or some other method as described on the Website.

    4. Subject to these Terms and Conditions, Clients may have the right to cancel Providers subject to such cancellation request being placed at least 2 hours before the starting time of an appointment. If an appointment is cancelled within 2 hours (inclusive) then they may be charged the full fee (and we reserve the right to charge such). All cancellations are subject to these Terms and Conditions and the booking terms of each Provider as specified on the Website.

    5. You acknowledge and agree that by offering Provider Services on the Website, you are solely responsible for the accuracy and content of information provided about the Provider Services and your information and advice.

    6. We reserve the continuing right to reject, revise, or discontinue any Provider listing, at any time and for any reason in our sole discretion, and to terminate the listing and to remove all references to the listing from the Website, and redirect or delete any URL used in connection with the Provider.

  3. Payment Process

    1. For each online appointment that is booked by a Client for Provider Services of the Provider, the Client will pay the service fees (as determined by us and specified on the Website) for the Provider Services through the Website to us on your behalf. We will then transfer you the services fees (less the Commission Fee as detailed below).

    2. The Provider must not direct a Client to make any payment directly to the Provider outside of the Website for any bookings (including following up bookings). On all occasions the Provider must use reasonable endeavours to ensure the Client uses the billing facilities on the Website. In the event a Client makes payment directly to the Provider, the Provider must notify us immediately and remit the payment to us. Such payments will be governed by these Terms and Conditions.

    3. The Services are not offered through Medicare or any other bulk billing practice, and as such we do not guarantee that you will receive any rebate or other refund in this respect.

    4. You irrevocably authorise us to collect, retain and deal with the service fees in accordance with these Terms and Conditions.

  4. Commission Fee

    1. In consideration of us providing the Services to you and enabling you to list your Provider Services on the Website, you authorise us to deduct the applicable Commission Fee from the relevant service fees paid by the Client for the booking of a Provider Service. We will then make reasonable endeavours to transfer you the balance of the service fees for the relevant Provider Service into your nominated bank account promptly, and in any event by no later than 30 days after the date of the online consultation. No interest is payable by us. Such balance will be transferred through a third party payment platform that we choose from time to time. You are solely responsible for any currency conversion fees, bank fees or other administrative charges incurred.

    2. The Commission Fee is as advised by us and is subject to change at any time upon us giving you written notice (at our discretion).

  5. Refunds

    1. We have no liability or obligation to you if a Client cancels a booking at any time or if they fail to pay for a Provider Service.

    2. If you decide to refund a Client, then the refund must go through our payment system, and we may in our discretion refund any Commission Fee paid (however are not obliged to).

    3. In the event we are required in accordance with these Terms and Condition or by law to provide a Client with a refund, you must immediately on request refund to us any payment we have made to you in respect of that relevant booking being refunded as well as the Commission Fee.

  6. Arrangements and Communications with other Users

    1. You acknowledge that any arrangement or communication entered into with a Client or another Provider is solely at your own risk and you are solely responsible for the provision of any Provider Services. We are not a party to any arrangement entered into (except to the extent that we are your agent). We have no control, influence or involvement in such arrangements. Our responsibilities are limited to facilitating the availability of the Services and acting as your agent. We are not liable for any arrangements entered into between you and a Client. In the event a Client books Provider Services with you through the Website, that contract is between you and the Client and we are not a party to it.

    2. We do not guarantee the completeness, accuracy, currency or reliability of any information provided by Clients. You must make your own investigation in the accuracy of the information.

  7. Legal rights of Providers

    1. Your legal rights in connection with the provision of the Provider Services are against the Client and not us.

    2. We reserve the right to share any information provided by a Provider to us with a Client that has placed a booking with such Provider, and to store such any conversation between the Client with the Provider that occurs through the Website in accordance with our Privacy Policy. Such information of the Provider will only be provided to the Client once the booking has been made and the service fees paid.

  8. Clients

    1. General

Clients can access the Website to have on-demand access to a range of Providers, and book an online appointment for their Provider Services. If you are booking Provider Services on the Website then the terms of this clause will apply to you.

  1. Booking Provider Services on the Website

    1. To make an online booking on the Website, simply visit the Website and search for a Provider and follow the prompts on the Website. You acknowledge that any online appointment booking placed on the Website is subject to availability and confirmation of the Provider. Although we endeavour to make online appointment bookings available at all times, we cannot and do not guarantee that the Provider Services will be available at any specific times, or at all.

    2. If you make a booking for an appointment with a Provider who is not available we will offer you an alternate time. If the alternate time does not suit you (acting reasonably) then you may cancel such booking. We will not be liable for any Loss you may suffer as a result of an online appointment being unavailable or if the Provider is unable to attend or otherwise does not attend an online appointment.

    3. Subject to these Terms and Conditions, Clients may have the right to cancel Providers subject to such cancellation request being placed at least 2 hours before the starting time of an appointment. If an appointment is cancelled within 2 hours (inclusive) then they may be charged the full fee (and we reserve the right to charge such). All cancellations are subject to these Terms and Conditions and the booking terms of each Provider as specified on the Website.

  2. Client Obligations

    1. The effectiveness of the Services for you will generally depend on the ability for you to provide complete and truthful information and responses to us as well as Providers. Given this, the Client understands and agrees that it must:

      1. be accurate and truthful in all information provided to us and Providers; and

      2. answer all questions that have been asked in full including (without limitation) correctly reporting all information, symptoms or worsening of any conditions that may be required for the Provider to assess the appropriateness of any treatments.

    2. The Client must be logged in on the Website and ready at the start of their online appointment booking time. If a Client does not appear connected and ready on the Website within 15 minutes after the time chosen for their online appointment, then the Provider has the right to disconnect from the online appointment and the Client would have forfeited the online appointment in full and no refund will be provided. If a Client connects after the start time but within the first 15 minutes, the online appointment will still go ahead, however, will only run until the original specified time of completion (there will be no added time and no pro rata refund will be provided).

    3. The Client is solely responsible for determining the suitability of the relevant Provider for the specific Provider Services sought by the Client.

  3. Price and Payment

    1. The service fees payable for an online appointment with a Provider for Provider Services is as displayed on the Website at the time you book. Fees and other details are subject to change without notice.

    2. Clients must provide payment via a method accepted by the Website. You acknowledge that the provision of an online appointment for Provider Services through the Website will result in charges to you for the service fees. The Website will charge the Client and the Client agrees to pay the service fees and any other fees shown to them on the Website for the online appointment of Provider Services after the time the online appointment has taken place, except where otherwise specified.

    3. All charges for an online appointment with a Provider for Provider Services made through the Website will be held by us solely for the purpose of facilitating transactions between the Provider and the Client and solely for the benefit of the Provider (although we reserve the right to receive a Commission Fee from the Provider which will be paid from the amount). Prices shown on the Website are in Australian Dollars (AUD) and include GST.

    4. The Client must not make payment directly to the Provider outside of the Website for any bookings (including following up bookings). Should the Client have trouble making a payment, the Client should contact us.

    5. You authorise us, directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud.

    6. Our payment provider may charge you a fee depending on the payment method used by you (for example, payments made by credit card). You agree to pay such payment fees to us at the same time as paying our fees, even if such fees are not explicitly disclosed on the Website.

  4. Refunds

To the extent permitted by law and except as otherwise expressly provided in these Terms and Conditions, no refunds of amounts paid to us will be provided. We have no liability or obligation to you if the Provider Services provided are not of acceptable quality or fit for purpose, or if the Provider fails to supply Provider Services to you. If you have rights to a refund under applicable laws, then your rights for a refund are against the Provider and not us.

  1. Arrangements and Communications with other Users

    1. Providers are a third party unrelated to us. The Provider may have its own terms and conditions that are applicable to Provider Services. When you book an online appointment for Provider Services, you are entering into a contract directly with the relevant Provider. We are not a party to any contract between you and Providers. All contractual and payment arrangements are the sole responsibilities of the parties and not us.

    2. We are not a medical or healthcare provider and we do not supply, provide, manage or control the Providers on the Website or their Provider Services and are not liable or responsible for the information contained in their listing (including any credentials, experience or expertise) or any information or advice they provide, or the provision of the Provider Services. We do not take steps to verify the accuracy, completeness or otherwise of any such information or advice and as such provide no warranty or representations of such information or advice. You are solely responsible for confirming any such information and carrying out your own research. Any decision you make with respect to such information and advice is at your own risk. For example in the event the Provider represents themselves as being a General Practitioner on the Website but they are being unlawful, untruthful or otherwise fraudulent and are not, it is not our responsibility to confirm their credentials and we will not be liable in such circumstances (or similar circumstances as contemplated by these Terms and Conditions).

    3. The Provider is solely responsible for the provision of Provider Services to you. If you have any enquiries about Provider Services you must contact the relevant Provider. We take no responsibility for the quality of Provider Services or otherwise provided by a Provider. You rely on the advice of a Provider at your own risk.

  2. Legal Rights of Clients

    1. The information about Providers and their Provider Services contained on the Website are provided to us by Providers and other third parties and we cannot, and do not, guarantee the completeness, accuracy, currency or reliability of such information. You must make your own investigation in the accuracy of the information.

    2. We reserve the right to share any information provided by a Client to us with the Provider selected by the Client, and to store such any conversation between the Client with the Provider that occurs through the Website in accordance with our Privacy Policy.

    3. You consent to the Provider that you have an online appointment with placing and/or disclosing personal or sensitive information about you on the Services in accordance with the terms of our Privacy Policy.

  3. Prohibited use

    1. You must not access or use the Service or Website:

      1. in a way that violates these terms;

      2. for unlawful or dangerous activities or purposes;

      3. in a way that is fraudulent, inaccurate, false, misleading or deceptive;

      4. in a way that would infringe any third party’s rights (including intellectual or other proprietary rights);

      5. in a way that is defamatory, trade libellous, unlawfully discriminatory, threatening or harassing;

      6. in a way that damages the credibility of the Website or us or that creates liability for us;

      7. to distribute any virus, trojan horse, worms or other computer programming routines that may or are intended to damage, modify, delete, interfere with, surreptitious intercept, access without authority or expropriate any system, data or personal information or otherwise affect the integrity, operation or security of the Website;

      8. to distribute or post spam;

      9. in a way that uses any robot, spider, scraper, data mining tools, data gathering an extraction tools or other automated means to access our Services;

      10. collect User’s information and harass them; or

      11. in a way that violates any Applicable Law (including those governing consumer protection, unfair competition, criminal law, antidiscrimination or trade practices law).

  4. Non-Circumvention

    1. Users are strictly prohibited from directly or indirectly attempting to circumvent payment of our Commission Fees in any way. Users should review the below examples to ensure that they are not engaging in practices that circumvent payment of any Commission Fees.

    2. The following is a non-exhaustive list of examples of circumvention:

      1. making offers to Users through the Website (or outside) to book Provider Services outside of the Website;

      2. having Clients pay outside of the Website for follow-up appointments;

      3. unreasonable consultation fees to force Users to contact you outside of the Website;

      4. listings with contact information for reduced discounts outside of the Website; and/or

      5. additional warranties for outside of Website bookings.

    3. Any activities that we determine, at our sole discretion, are an act to circumvent payment will be subject to Commission Fees.

  5. Access and Termination

    1. We reserve the right, at any time and without prior notice to remove or disable:

      1. access to this Website or any part of it for any reason; and

      2. any Account or User that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms and Conditions or otherwise harmful to the Website or the interests of other Users,

and we will not be liable to you for any Loss that you incur in the event that we do this.

  1. You may terminate your use of the Website at any time. In the case of Providers, where you terminate your use of the Website or we do, you will remain liable for all Commission Fees payable for bookings made prior to termination, and any fees you owe us at the date of termination will immediately become due and payable in full.

  2. We reserve the right to withdraw, or amend, update or change the functionality or content of the Website at any time, without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period of time or if at any time any functionality of the Website is restricted.

  3. The termination of your access to the Website is without prejudice to the rights, liabilities and obligations of the parties that arose prior to the termination unless otherwise agreed by us.

  4. Intellectual Property Rights and data

    1. Our rights to the Website

You acknowledge and agree that:

  1. we own all right, title and interest in and to the Website and the Intellectual Property and no right, title or interest in any of the Intellectual Property is transferred or granted to you, except so far as expressly stated in these Terms and Conditions;

  2. you will not copy, reproduce, reverse engineer, decompile, translate, alter, modify, create derivative works or otherwise attempt to derive the source code of the Services, publicly display (other than on the Services) any of our Intellectual Property except with our prior written permission or permission of the appropriate third party authorised to grant such permission and when doing so you must adequately acknowledge us and, in the case of websites, include a link from your website to our Website;

  3. we are not liable or responsible for any Loss that you may experience in submitting information to us or for our use of your information in accordance with the licence granted below.

  4. Your content you provide us

    1. You acknowledge and agree that any content you upload, post or transmit through the Services (User Content) will remain your or your licensors property. We will not claim ownership over the data you provide to us. All of your User Content remains yours.

    2. You agree that:

      1. you grant to us an unconditional irrevocable, worldwide, perpetual, fully paid-up, transferable, non-exclusive licence to use, reproduce, commercialise, modify, adapt, publish, transmit, distribute, communicate, translate, display and create derivate works of any User Content, in connection with the Services (this includes without limitation the right to authorise other Users and third parties to view, access, use your User Content). We also reserve the right to cut, crop, edit or refuse to publish your User Content;

      2. you grant us a royalty-free licence to use your name, image, voice and likeness to identify you as the User Content creator;

      3. you warrant that you own or have the necessary licences to post such User Content and that any User Content you provide us with will not infringe any rights of any third party (including intellectual property rights or confidentiality obligations) nor give rise to any liability to make royalty or other payments to any third party;

      4. you will not falsely impersonate others or falsely imply or state association or connection with others;

      5. you consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner;

      6. all rights granted to the User Content under these Terms and Conditions will also apply to third party services that are integrated with the Services;

      7. other Users may be able to also extract such User Content; and

      8. we will not be liable in any way for any User Content.

  5. Content others provide

Other Users may also make content available for you to access on the Website. Where they do so, you acknowledge that you may only access and view this content for your information and personal use. You are not permitted to copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any other content without our consent or the consent of the licensors of such content.

  1. Goodwill

You acknowledge and agree that we may increase goodwill of the Services by your use of the Services, including the submission of User Content to the Services. You acknowledge that all goodwill associated with the Services inures exclusively to our benefit and that you have no right to share in any such goodwill.

  1. Privacy

    1. Any personal information you provide via your use of the Website is handled in accordance with our Privacy Policy.

    2. By using the Website, you grant us a non-exclusive license to use your non-personally identifiable data in aggregated and blinded formats that do not identify, reference or imply an association with you, only for the purposes of display on your Account, improving our Services, research and marketing analysis, surveys, reports and studies.

  2. Disclaimer

    1. You acknowledge and agree that your use of this Website and the Services (including any online appointment booking or communication entered into with another User) is at your own risk.

    2. We provide our Services on an “as-is” basis and make no representations about the suitability, reliability, availability, timeliness, and accuracy of anything contained in this Website (including the Provider Services and anything relating to Providers or Clients). Subject to the other terms of this clause and to the maximum extent permitted by Applicable Laws, the Services are without warranty of any kind and we expressly exclude such warranties.

    3. You acknowledge and agree that:

      1. we cannot guarantee continuous operation of or access to our Services, or that your use of the Services will be error free;

      2. we do not represent or warrant that your use of the Services will meet your particular requirements, whether those requirements are disclosed to us or not;

      3. you assume total responsibility for your use of the Website;

      4. we do not take any steps to confirm the identity of Users and whilst we do use our best endeavours to confirm the identity of Users, because User authentication on the internet is difficult, particularly in cases of fraudulent or misleading conduct, we cannot and do not confirm nor warrant or guarantee as to each User’s purported identity, information or location.  We encourage you to use the Website as a platform to conduct your own enquiries to vet other Users to your satisfaction;

      5. we do not endorse any Provider or Client nor do we endorse any Provider Services on the Website;

      6. we do not supply, provide, manage or control the Users on the Website or their Provider Services and are not responsible for their advertising (including Contents), supply, or otherwise. We have no control over, and do not ensure, guarantee or provide any warranty or indemnity in respect of the quality, fitness for purpose, legality, accuracy, completeness or otherwise of:

        1. any Provider Services (including without limitation any treatment, advice or information provided by a Provider to a Client and the quality or suitability of any Provider Services);

        2. any information provided by Users to each other (including without limitation any qualifications or knowledge that a Provider may have); 

        3. the ability of Users to undertake their respective obligations; or

        4. the fees charged by Users.

Because of the foregoing, in the event that you have a dispute with one or more other Users, you release and hold us (and our officers, directors, agents, related entities, related bodies corporate, employees and contractors) harmless from actions, claims, demands and losses of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes; and

  1. any information published by us is general in nature and does not constitute medical, healthcare or any other type of advice. The Content that we provide to you and in any linked or referred to mate­ri­als or websites is not and should not be con­strued as med­ical or healthcare advice. The Content is provided as a convenience to you and is to be taken as general information only. The Website is not intended to establish a doctor/health professional-patient relationship between us and you, nor is it intended to replace the services of a health care professional. In cases of emergency services please contact public emergency services. If you think you may be suffering from any medical condition, you should seek immediate medical attention from an appropriately qualified medical doctor. You should not rely on any infor­ma­tion con­tained in the Website in mak­ing med­ical, health-related or other deci­sions. 

  2. This disclaimer applies to the fullest extent permitted by law, and shall survive any termination or expiration of these Terms and Conditions or your use of this Website.

  3. Limitation of Liability & Release

    1. Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in these Terms and Conditions to the maximum extent permitted by law.

    2. Without limitation to clause 12.1, we will not be liable for any Loss to you or any other person, due to or arising directly or indirectly from:

      1. your use or inability to use this Website in any way;

      2. your reliance on the Website;

      3. any Provider Services booked through the Website and the online consultation process (including without limitation any treatment, advice or information provided by a Provider to a Client and the quality or suitability of any Provider Services);

      4. your failure to provide any truthful or accurate information;

      5. any User Content you provide; or

      6. any action taken on your Account.

You hereby release us and our officers, directors, agents, related entities, related bodies corporate, employees and contractors from all Loss suffered by you or any other person relating to or arising out of the provision of the Services or these Terms and Conditions.

  1. If you are a Client, you acknowledge and agree that we are not the supplier of the Provider Services, and that any claim that you may have against the Provider under any guarantee at law that cannot be excluded, is solely against the Provider and not us.

  2. You acknowledge and agree that we are not liable for the care of a Client or for any medical, healthcare or other advice provided by a Provider to a Client.

  3. Subject to the other terms of this clause, our maximum aggregate liability to you in any 12-month period for any Loss or damage or injury arising out of or in connection with these Terms and Conditions, including any breach by us of these Terms and Conditions, however arising, in contract, in tort (including negligence), under any statute, custom, law or on any other basis is limited to the actual charges paid by you under these Terms and Conditions in the 3-month period preceding the matter or event giving rise to the claim.

  4. We exclude any liability to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with these Terms and Conditions.

  5. Nothing in these Terms and Conditions is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of Part 5-4 of the ACL, or the exercise of a right conferred by such a provision, or any liability of ours in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services.

  6. If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL that cannot be excluded, our total liability to you for that failure is limited to, at our option, the resupply of the services or the payment of the cost of resupply.

  7. Where you are or may be entitled to recover from a third party (such as an insurer) any sum in respect of any matter or event that could give rise to a claim under these Terms and Conditions, you must:

    1. use your best endeavours to recover that sum before making the claim;

    2. keep us informed of the conduct of such recovery; and

    3. reduce the amount of the claim to the extent that sums are recovered.

  8. In this clause "ACL" means the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)).

  9. The limitation of liability and indemnity applies to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of our Services.

  10. indemnity

    1. You agree to indemnify and hold us and our Related Parties, harmless from and against any actions, claims, demands, proceedings, Losses of every kind, due to or arising out of:

      1. your breach or negligent performance or failure or delay to provide any Provider Services;

      2. the Provider Services booked or provided by you (including without limitation any treatment, advice or information provided by a Provider to a Client and the quality or suitability of any Provider Services);

      3. your violation of any law or the rights of a third party;

      4. if you are a Provider, any claim made against us by a third party arising out of or in connection with the Provider Services;

      5. your disputes with Users;

      6. any Loss, damage or claim made against us by a third party:

        1. for death, personal injury, illness or damage to property resulting from Provider Services booked or provided by you; or

        2. to the extent that the claim results from the breach, negligent performance or failure or delay in performance of these Terms and Conditions by you;

      7. any fine or penalty imposed for a breach of any Applicable Law in connection with the supply of the Provider Services by you;

      8. any action taken on your Account; and/or

      9. otherwise arising directly or indirectly from your use of the Services.

    2. Any amounts payable under this indemnity must be paid to us immediately on demand without set-off or counter claim.

    3. If a payment due under this clause 13  is subject to tax (whether by way of direct assessment or withholding at its source), we will be entitled to receive from you such amounts as will ensure that the net receipt, after tax, to us in respect of the payment is the same as it would have been were the payment not subject to tax.

    4. Except where expressly stated to the contrary in these Terms and Conditions, the rights of a party under this clause 13 are in addition to any other rights available to that party whether those rights are provided for under these Terms and Conditions or by law.

    5. It is not necessary for us to incur expense or make payment before enforcing a right of indemnity under this clause 13.

    6. The indemnities in this clause 13:

      1. are continuing obligations on you, independent from your other obligations under these Terms and Conditions and survive termination or expiry of these Terms and Conditions; and

      2. are absolute and unconditional and unaffected by anything which otherwise might have the effect of prejudicing, releasing, discharging or affecting your liability.

  11. GST

    1. Words used in this clause that have a defined meaning in the GST Law (as defined in the in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)) have the same meaning as in the GST Law unless the context indicates otherwise.

    2. Unless expressly stated otherwise, the consideration for any supply under or in connection with these Terms and Conditions is exclusive of GST.

    3. To the extent that any supply made under or in connection with these Terms and Conditions is a taxable supply (other than any supply made under another agreement that contains a specific provision dealing with GST), the amount payable by the recipient is the consideration provided under these Terms and Conditions for that supply (unless it expressly includes GST) plus an amount (Additional Amount) equal to the amount of that consideration (or its GST exclusive market value) multiplied by the rate at which GST is imposed in respect of the supply. The recipient must pay the Additional Amount at the same time as the consideration to which it is referable, and on the issue of an invoice relating to the supply.

  12. Miscellaneous

    1. Accessing information from the Website is done so at your own risk and you will be responsible for compliance with the laws within your jurisdiction.

    2. These Terms and Conditions are governed by the laws of the State, and the parties submit to the jurisdiction of the Courts of the State and relevant federal/Commonwealth courts competent to hear appears from them.

    3. These Terms and Conditions shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.

    4. If a clause of these Terms and Conditions is void or unenforceable it must be severed from these Terms and Conditions or read down to the extent necessary and the clauses that are not void or unenforceable shall be unaffected by the severance.

    5. We may assign our rights and obligations under these Terms and Conditions upon giving you written notice. You must not assign your rights or obligations under these Terms and Conditions without our consent.

    6. Our failure to enforce a provision of these Terms and Conditions or act with respect to a breach by you or others does not constitute a waiver of that provision or breach or a waiver of our right to act with respect to that breach or subsequent or similar breaches. The waiver of any such provision or breach will be effective only if in writing and signed by a duly authorised representative of ours.

    7. You agree that these Terms and Conditions may not be construed adversely against us solely because we prepared them. 

    8. These Terms and Conditions and our policies comprise the entire understanding and agreement between you and us with respect to the subject matter hereof. 

    9. Nothing in these Terms and Conditions or your use of the Website establishes or creates a joint venture, partnership, consortium, franchise, employment or agency relationship between us and Users.

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