AlliedHealthAU Platform Terms and Conditions

Welcome to AlliedHealthAU! We operate a website which allows Allied Health Professionals to engage in teleahealth, in-home or in-clinic consultations for the provision of healthcare services to Patients (Platform). Our Platform can be accessed at alliedhealthau.com.

In these Terms, when we say you or your, we mean (1) the person or entity registered with us as either a patient (Patient) or allied health professional (Allied Health Professional); or (2) the individual accessing or using our Platform. When we say we, us, or our, we mean Allied Australia Group Holdings Pty Ltd (ACN 665 987 324).

These Terms form our contract with you, and set out our obligations as a service provider and your obligations as a user. You cannot use our Services unless you agree to these Terms.

Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.

For questions about these Terms, or to get in touch with us, please email: support@alliedhealthau.com

These Terms were last updated on 25/06/23.

OUR DISCLOSURES

Please read these Terms carefully before you accept. We draw your attention to the fact that:

● we will handle your personal information in accordance with our privacy policy, available at [insert URL];

● as an Allied Health Professional, you acknowledge and agree that if you circumvent the payment of Service Fees to us, whether directly or indirectly, you must pay us 5x the Service Fees for each consultation that is made off-Platform, as a debt due and immediately payable on notice by us to you.

● to the maximum extent permitted by law, you agree to indemnify us and hold us harmless in respect of any Liability that we may suffer arising from or in connection with:

o if you are an Allied Health Professional, your performance (or non-performance) of any Allied Health Services or other services, including your diagnoses or treatment of any Patient that you are connected with on the Platform;

o if you are a Patient, your use of the Platform for the purposes of receiving the Allied Health Services;

o a claim by a Patient or Allied Health Professional (as the case may be) in connection with your use of the Platform; or

o your failure to effect or maintain the Required Insurances.

● subject to your Consumer Law Rights:

o our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to AU$1,000;

o we will not be liable for Consequential Loss or delays or failures in performance caused or contributed to by an event or circumstance beyond our reasonable control;

● we may amend these Terms at any time, by providing written notice to you, and by clicking “I accept” or continuing to use our Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may close your Account with effect from the date of the change in these Terms by providing written notice to us;

● where you engage third parties to operate alongside our Platform (for example, any third-party software systems you wish to integrate with our Platform), those third parties are independent of us and you are responsible for (meaning we will not be liable for) the goods or services they provide, unless we expressly agree otherwise under these Terms.

● we may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link on our Platform, or for featuring certain goods or services on our Platform.

These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.

1. Disclaimer

1.1 By accepting these Terms and/or using our Platform, you acknowledge and agree that:

(a) we do not offer any medical advice, treatments or diagnoses to patients; and

(b) we solely provide a platform which facilitates the connection between Allied Health Professionals and Patients.

1.2 As an Allied Health Professional, it is your responsibility to provide healthcare services to the Patient, including offering any medical advice, treatments or diagnoses to the Patient and you must comply with all of your responsibilities in doing so, as set out in these Terms and as required by Law.

1.3 You agree that nothing on this Platform may be taken to be medical advice, treatment or diagnoses by us or our representatives, nor are they intended to be a substitute for consulting a medical practitioner or other professional for your particular circumstances and needs. We do not accept any liability for any injury, loss or damage incurred by the use or reliance on the information provided on the Platform. If you require immediate medical attention, please contact 000 immediately or seek alternative and appropriate medical services.

2. Engagement and Term

2.1 These Terms apply from when you sign up for an Account, until the date on which your Account is terminated in accordance with these Terms. We grant you a right to use our Services for this period of time only (which may be suspended or revoked in accordance with these Terms).

2.2 You must be at least 18 years old to use our Platform.

2.3 Variations: We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use our Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may close your Account with effect from the date of the change in these Terms by providing written notice to us. If you close your Account, you will no longer be able to access our Services (including our Platform) on and from the date of cancellation.

3. Our Services

3.1 We provide the following services to you:

(a) access to our Platform; and

(b) facilitating payment between Patient and Allied Health Professional (via our third-party payment processor),

(collectively, our Services).

3.2 We will not be responsible for any other services unless expressly set out on in these Terms or on our Platform.

3.3 Third Party Products or Services: Where you engage third parties to operate alongside our Platform (for example, any third-party software systems you wish to integrate with our Platform), those third parties are independent of us and you are responsible for (meaning we will not be liable for) the goods or services they provide, unless we expressly agree otherwise in these Terms.

4. Account

4.1 An account (Account) must be created on the Platform in order to access and use the Platform. You may only have 1 Account as an Allied Health Professional and 1 Account as a Patient on the Platform.

4.2 As an Allied Health Professional, to create an Account, you will be required to enter your name, phone number, email address, contact address, payment details, profession type and ABN. You will also need to supply identity documents (such as your driver’s licence and passport), and in some cases, a Working with Children Check and Working with Vulnerable Persons Check clearance.

4.3 As an Allied Health Professional, when you create an Account, we will review your request for an Account and may conduct a verification check (see clause 5) before approving the request. We may request additional information and you agree to provide us with such documentation and information as we may request. If you do not provide us with the information we reasonably request, we may refuse to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account or to provide the Allied Health Services as contemplated in these Terms and/or cannot satisfy our verification check, we may refuse to provide you with an Account, in our sole discretion. Subject to the foregoing, after we notify you that we approve your request to register an Account, you will be entitled to use our Platform as an Allied Health Professional.

4.4 As a Patient, to create an Account, you will be required to enter your name, phone number, email address, contact address, payment details, NDIS plan details (if applicable), and Medicare details.

4.5 All users will need to choose a username and password.

4.6 While you have an Account with us, you agree to:

(a) keep your information up-to-date (and ensure it remains true, accurate and complete);

(b) keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and

(c) notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account or any logins linked to your Account.

4.7 We may suspend your access to our Services where we reasonably believe there has been any unauthorised access to or use of our Services (such as the unauthorised sharing of login details for our Platform). If we suspend your access to our Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate your Account and your access to our Services will end.

5. Identity Verification

5.1 If we conduct identity verification or background checks on any Allied Health Professional, to the maximum extent permitted by Law, we disclaim all warranties of any kind, either express or implied, that such checks will identify prior misconduct of the Allied Health Professional or guarantee that an Allied Health Professional will not engage in misconduct in the future. Any verification of an Allied Health Professional is not an endorsement or recommendation that the Allied Health Professional is trustworthy or suitable.

5.2 As an Allied Health Professional, we may verify your identity by using a third-party verification service (Third Party Verification Service) before you are able to be listed on the Platform. You acknowledge and agree that:

(a) we may contact, connect or otherwise liaise with Third Party Verification Services to validate your identity and information (Identity Check); and

(b) Third Party Verification Services may provide us with your personal information or sensitive information, and you consent to us receiving and using this information to enable us to perform an Identity Check.

5.3 As a Patient, you acknowledge and agree that:

(a) the Identity Check may not be fully accurate, as it is dependent on information provided by the relevant Allied Health Professional or business and/or information or checks performed by third parties; and

(b) you should make your own inquiries as to the suitability or qualifications of the Allied Health Professional.

6. How does the Platform work?

6.1 A Patient can request a consultation with a particular Allied Health Professional by making a request on the Platform (Booking Request). The Patient must complete all sections of the Booking Request indicated as mandatory. A Booking Request is an offer from the Patient to purchase the allied health services described in the Booking Request (Allied Health Services).

6.2 The Booking Request will be sent to the relevant Allied Health Professional via the Platform. An Allied Health Professional can accept or reject the Booking Request. If the Booking Request is accepted, the Booking Request will only become a Confirmed Booking once the Patient makes full payment of the consultation fees set by the Allied Health Professional (Consultation Fee) and the service fees set by us (Service Fee), as further particularised on the Platform.

6.3 We are not a party to any agreement entered into between a Patient and Allied Health Professional and we have no control over the conduct of Patients or Allied Health Professionals.

7. Communication

7.1 We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as email.

7.2 A Patient and Allied Health Professional must not communicate outside of the Platform until a Confirmed Booking has been made.

7.3 A Patient and Allied Health Professional must not use the contact details of the other party to organise the provision of the Allied Health Services off the Platform, or otherwise attempt to circumvent the payment of Service Fees to us. As an Allied Health Professional, you acknowledge and agree that if you circumvent the payment of Service Fees to us, whether directly or indirectly, you must pay us 5x the Service Fees for each consultation with a Patient that is made off-Platform, as a debt due and immediately payable on notice by us to you.

8. Payments

8.1 We will provide a third party payment method on the Platform (currently Stripe). This payment method will be subject to additional terms and conditions imposed by the applicable third-party payment processor. By making payment through a third-party payment processor, you accept the applicable terms and conditions, and you agree that you will be liable for any additional fees charged by the third-party payment processors. 8.2 Subject to clause 8.3, if you are a Patient, in consideration for providing you with the Platform, we will charge you the Service Fee. The Service Fee will be paid in addition the Consultation Fee. To the maximum extent permitted by Law, our Service Fee is non-refundable.

8.3 If you are a Patient and you indicate in your Booking Request that you are covered by the NDIS, you will not be charged the Service Fee for the relevant Confirmed Booking. You acknowledge and agree that this clause is subject to you providing us with satisfactory documentation and evidence.

8.4 If you are an Allied Health Professional, where the Patient is covered by the NDIS, you must pay us the NDIS service fee outlined on the Platform (NDIS Service Fee) upon the making of a Confirmed Booking.

8.5 As a Patient, when a Booking Request is accepted, you agree to pay us (as a payment collection agent for the Allied Health Professional) the Consultation Fee and the Service Fee (if applicable) (collectively, Fees). As an Allied Health professional, when a Booking Request is accepted in relation to a Patient who is covered by the NDIS, you agree to pay us the NDIS Service Fee.

8.6 Upon receipt of the Fees from the Patient, our third party payment processor will hold the Fees (minus our Service Fee) on behalf of the Allied Health Professional until such time as the Allied Health Services are complete in the Confirmed Booking, or until such time as the Consultation Fees are refunded to the Patient (if the Patient is entitled to a refund in accordance with these Terms).

8.7 If you are an Allied Health Professional, you appoint us as your limited payment collection agent solely for the purpose of accepting the Consultation Fees from the relevant Patient. You agree that we will not be required to pay you any amount until we have received the Consultation Fee from the relevant Patient, that we will deduct our Service Fee from the Fees, and that we may grant refunds to Patients in accordance with these Terms. Upon a Completed Booking, we will pay the Consultation Fee on behalf of the Patient to the Allied Health Professional.

8.8 You must not pay, or attempt to pay, any fees due under these Terms by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third-party payment processor to debit your bank account, and you confirm that you are either the holder or an authorised signatory of that bank account.

8.9 Late Payments: If any fees due under these Terms are not paid on time, we may:

(a) suspend your access to our Services (including access to our Platform); and

(b) charge interest on any overdue payments at a rate equal to the Reserve Bank of Australia’s cash rate, from time-to-time, plus 2% per annum, calculated daily and compounding monthly.

8.10 Taxes: You are responsible for paying any levies or taxes associated with your use of our Platform, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).

9. Refunds and Cancellation Policy

9.1 The cancellation, variation or refund of any Allied Health Services ordered on the Platform is a matter between the relevant Patient and Allied Health Professional, unless clause 9.2 applies.

9.2 A Patient must cancel a Confirmed Booking at least 24 hours before the Confirmed Booking is scheduled to take place in order to receive a refund of the Fees. Where the Patient fails to cancel a Confirmed Booking in accordance with this clause 9.2, to the maximum extent permitted by law, the Service Fee is non-refundable.

9.3 For disputes between Patients and Allied Health Professionals, we encourage the parties to attempt to resolve disputes with the other party directly and in good faith off the Platform. In the event that a dispute cannot be resolved through these means, the parties may choose to resolve the dispute in any manner agreed between the parties or otherwise in accordance with applicable laws.

10. Allied Health Professional Obligations

10.1 In consideration for providing you with the Platform, you agree to:

(a) implement a service agreement with the Patient before the first consultation on terms which are consistent with the terms set out in these Terms and which set out the specific terms and conditions that will apply to the Allied Health Services;

(b) co-ordinate all aspects of the Allied Health Services provided to the Patient;

(d) ensure that you do not induce a Patient, whether directly or indirectly, to circumvent the Service Fees payable to us;

(e) maintain and retain notes and patient records as required by Law;

(f) fulfil your duty of care to each Patient;

(g) comply with the provision of these Terms and all applicable Laws and industry codes; and

(h) not commit any act or omission, directly or indirectly, which may bring us (or other users) into breach of any Law, the subject of any Liability, or into disrepute.

10.2 If we receive a complaint from a Patient in relation to any part of your provision of the Allied Health Services to the Patient, the complaint will be communicated to you and you agree to resolve such complaint with the Patient directly.

10.3 You represent, warrant and agree that:

(a) you are duly registered with all relevant professional bodies, including the Australian Health practitioner Regulation Agency (AHPRA) and you hold all necessary qualifications and have the requisite experience to provide the Allied Health Services;

(b) there are no legal restrictions preventing you from entering into these Terms;

(d) you will keep a record of any communication made with a Patient in accordance with all requirements under applicable Laws and in accordance with your professional obligations; and

(e) if you are providing the Allied Health Services via video consultation, you will not record any video consultation held unless the Patient has expressly consented to such recording.

11. Patient Obligations

11.1 If you are making a Booking for your child, you warrant that you are the child’s parent or legal guardian and that you have the authority to enter these Terms on behalf of the child.

11.2 You must notify us of any incident and/or breach of these Terms which you reasonably believe endangers your health and wellbeing, or the health and wellbeing of a third party.

11.3 In the case of an In-home Consultation, you agree to ensure that the premises where the In-home Consultation is taking place is safe and does not put the Allied Health Professional at risk of harm or injury. You acknowledge and agree that the Allied Health Professional may refuse to provide the Allied Health Services to you if the foregoing conditions are not met.

11.4 In consideration for providing you with the Platform, you agree to:

(a) ensure that all bookings for the Allied Health Services are made on the Platform;

(b) provide correct, up-to-date and accurate information to us; and

12. Platform Licence

12.1 While you have an Account, we grant you a right to use our Platform (which may be suspended or revoked in accordance with these Terms). This right cannot be passed on or transferred to any other person.

12.2 You must not:

(a) access or use our Platform in any way that is improper or breaches any laws, infringes any person's rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability;

(b) interfere with or interrupt the supply of our Platform, or any other person’s access to or use of our Platform;

(d) use any unauthorised or modified version of our Platform, including but not limited to for the purpose of building similar or competitive software or for the purpose of obtaining unauthorised access to our Platform;

(e) attempt to access any data or log into any server or account that you are not expressly authorised to access;

(f) use our Platform in any way that involves service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single user login, or time-sharing;

(g) circumvent user authentication or security of any of our networks, accounts or hosts or those of any third party; or

(h) access or use our Platform to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.

13. Availability, Disruption and Downtime

13.1 While we strive to always make our Platform available to you, we do not make any promises that these will be available 100% of the time. Our Platform may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.

13.2 Our Platform may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.

13.3 We will try to provide you with reasonable notice, where possible, of any disruptions to your access to our Platform.

14. Intellectual Property and Data

14.1 We own all intellectual property rights in our Platform, including how our Platform looks and functions, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on our Platform.

14.2 We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.

Your Data

14.3 We do not own any of Your Data, but when you enter or upload any of Your Data into our Platform, you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data while you have an Account with us (and for a reasonable period of time afterwards). We may use Your Data (or disclose it to third party service providers) to:

(a) supply our Platform to you, and otherwise perform our obligations under these Terms;

(b) diagnose problems with our Platform;

(d) send you information we think may be of interest to you based on your marketing preferences;

(e) perform analytics for the purpose of remedying bugs or issues with our Platform; or

(f) perform our obligations under these Terms (as reasonably required).

14.4 You acknowledge and agree that because of the nature of the internet, the processing and transmission of Your Data by us may occur of various networks, and may be transferred unencrypted.

14.5 You are responsible for (meaning we are not liable for):

(a) the integrity of Your Data on your systems, networks or any device controlled by you; and

(b) backing up Your Data.

14.6 When you use our Platform, we may create anonymised statistical data from Your Data and usage of our Platform (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve our Platform, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make underlying portions of Your Data identifiable.

14.7 If you do not provide Your Data to us, it may impact your ability to receive our Services.

15. Confidential Information

15.1 While using our Services, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means making sure that any employees, contractors, professional advisors or agents of ours or yours only have access to confidential information on a ‘need-to-know basis’ (in other words, the disclosure is absolutely necessary), and that they also agree to not misuse or disclose such confidential information.

15.2 However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so.

16. Privacy

16.1 We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available at [insert link], and applicable privacy laws. We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors).

16.2 You must ensure that you and your personnel comply with all Privacy Laws applicable to all Personal Information collected, used, stored or otherwise dealt with under or in connection with these Terms, including the Personal Information of Patients. You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent).

16.3 You must not (and must procure that your personnel do not) do anything which may cause us to be in breach of any Privacy Laws. 16.4 For the purposes of this clause 16, a Security Incident means the actual or likely occurrence of a breach by an Allied Health Professional (or your personnel) of this clause 16 or an ‘eligible data breach’ (as that term is defined in the Privacy Act 1988 (Cth)). In respect of a Security Incident, the Allied Health Professional must (and must procure that its personnel):

(a) notify us within 2 Business Days of becoming aware of the Security Incident;

(b) comply with its obligations under the Privacy Laws;

(d) assist and fully cooperate with us, at its own cost, in investigating and remedying the Security Incident; and

(e) take any other action, at its own cost, that we reasonably deem necessary in connection with the Security Incident.

17. Consumer Law Rights

17.1 In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms. Our liability for a breach of your Consumer Law Rights is, unless the laws of your jurisdiction state otherwise, limited to either resupplying our Services, or paying the cost of having our Services resupplied.

17.2 Subject to your Consumer Law Rights, we do not provide a refund of the Service Fee for a change of mind or change in circumstance.

17.3 If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

18. Indemnity

18.1 Despite anything to the contrary, to the maximum extent permitted by Law, you are liable for, and agree to indemnify us and hold us harmless in respect of, any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with:

(a) if you are an Allied Health Professional, your performance (or non-performance) of any Allied Health Services or other services, including your diagnoses or treatment of any Patient that you are connected with on the Platform;

(b) if you are a Patient, your use of the Platform for the purposes of receiving the Allied Health Services; or

19. Liability

19.1 To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with: (a) any matters outlined in clause 18;

(b) your computing environment (for example, your hardware, software, information technology and telecommunications services and systems);

(d) a Patient’s environment when providing Allied Health Services in the Patient’s home or other location designated by the Patient (In-home Consultation); or

(e) your failure to effect and maintain the Required Insurances.

19.2 Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:

(a) neither we or you are liable for any Consequential Loss;

(b) a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate its loss; and

(c) our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to AU$1,000.

20. Termination

20.1 We may terminate these Terms (meaning you will lose access to our Services, including access to your Account) if:

(a) you breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;

(b) you breach these Terms and that breach cannot be remedied; or

(c) you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement).

20.2 You may terminate these Terms if:

(a) we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or

(b) we breach these Terms and that breach cannot be remedied.

20.3 You may also terminate these Terms at any time by notifying us through your Account or to our email for notices (as set out in clause 21.8), and termination will take effect immediately.

20.4 Upon termination of these Terms, you will lose access to your Account, we will retain Your Data (including copies) as required by law or regulatory requirements.

20.5 Termination of these Terms will not affect any other rights or liabilities that we or you may have.

21. Insurances

21.1 If you are an Allied Health Professional, you acknowledge and agree that you must, during the term of this Agreement (and for a reasonable period thereafter), effect and maintain with a reputable insurance provider, a professional indemnity insurance policy and all other insurance required by Law in order for you to provide the Allied Health Services (Required Insurances).

22. General

22.1 Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.

22.2 Disputes: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

If the Dispute is not resolved at that initial meeting:

(a) where you are resident or incorporated in Australia, refer the matter to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation; or

(b) where you are not resident or incorporated in Australia, refer the matter to arbitration administered by the Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in Adelaide, South Australia, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules.

22.3 Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including our Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.

22.4 Governing law: These Terms are governed by the laws of South Australia, and any matter relating to these Terms is to be determined exclusively by the courts in South Australia and any courts entitled to hear appeals from those courts.

22.5 Illegal Requests: We reserve the right to refuse any request for or in relation to our Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.

22.6 Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.

22.7 Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.

22.8 Notices: Any notice you send to us must be sent to support@alliedhealthau.com. Any notice we send to you will be sent to the email address registered against your Account.

22.9 Publicity: You agree that, subject to your prior written consent, we may advertise or publicise the fact you are a user of our Platform, for example on our website or in our promotional material, and you grant us a right to display and use your logo and branding solely for that purpose. 22.10 Survival: Clauses 14 to 20 will survive the termination or expiry of these Terms.

22.11 Third Party Sites: Our Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations in relation to the suitability of those websites. If you purchase goods or services from a third party website linked from our Platform, those goods or services are being provided by that third party, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link on our Platform, or for featuring certain goods or services on our Platform. We will make it clear by notice to you which (if any) goods or services, or website links, we receive a benefit from by featuring them on our Platform.

23. Definitions

23.1 In these Terms:

Account means an account accessible to the individual or entity who signed up to our Services.

Business Day means a day on which banks are open for general banking business in Adelaide, South Australia, excluding Saturdays, Sundays and public holidays.

Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us any amounts for access to or use of our Services (including our Platform) will not constitute “Consequential Loss”.

Laws means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any person with the authority to bind the relevant Party in connection with these Terms or the provision of the Services, and includes Privacy Laws.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.

NDIS means National Disability Insurance Scheme.

Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.

Platform means our website, available at alliedhealthau.com.

Privacy Laws means the Privacy Act 1988 (Cth), the Health Records and Information Privacy Act 2002 (NSW), the Health Records Act 2001 (VIC), the Health Records (Privacy and Access) Act 1997 (ACT), the Spam Act 2003 (Cth) and any other applicable privacy, data protection or anti-spam Laws applicable to you. Services means the services we provide to you, as detailed in clause 3.1.

Your Data means the information, materials, logos, documents, qualifications and other intellectual property or data supplied by you when using our Platform, or stored by or generated by your use of our Platform, including any Personal Information collected, used, disclosed, stored or otherwise handled in connection with our Services. Your Data does not include any data or information that is generated as a result of your usage of our Services that is a back-end or internal output or an output otherwise generally not available to users of our Services

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