Business Terms
Business User Agreement – Terms and Conditions
Welcome to AlliedHealthAU! We operate a website which allows Allied Health Professionals to engage in telehealth, in-home or in-clinic consultations for the provision of
healthcare services to Patients (Platform). The Platform can be accesssed at alliedhealthau.com. This Agreement is entered into between Allied Australia Group Holdings Pty Ltd (ACN 665 987 324) (we, us or our) and you. When we say you or your, we mean both you and any entity you are authorised to represent (such as your employer), together the Parties and each a Party.
DISCLAIMER: You acknowledge and agree that we do not offer any medical advice, treatments or diagnoses to patients and we solely provide a platform which facilitates the connection between Allied Health Professionals and Patients.
Our Disclosures
Please read this Agreement carefully before you accept. We draw your attention to:
clause 18 (Indemnity) which sets out the indemnity you must provide to us under this Agreement; and
clause 19 (Liability) which sets out exclusions and limitations to our liability under this Agreement.
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 the Platform, or for featuring certain goods or services on the Platform.
This Agreement does not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.
Acceptance
This Agreement will commence on the date you click “I accept” on the Platform and will continue until terminated in accordance with these terms (Term).
This Agreement will operate for the Term.
Our Services
In consideration for your payment of the Service Fees, we will provide the Authorised User/s with access to the Platform (the Services).
You acknowledge and agree that you will not have an Account on the Platform, rather access to the Platform is through an Account for each Authorised User.
You must ensure that all Authorised User/s accept the End User Licence Agreement with us, a copy of which is provided at Attachment B. End Users must accept the End User Licence Agreement when they make an Account.
We will not be responsible for any other services unless expressly set out on in this Agreement or on the Platform.
Required Insurances: You acknowledge and agree that you and your Authorised User/s must, during the Term (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 the Authorised User to provide the Allied Health Services.
Variations: We may amend this Agreement 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 Agreement. If you do not agree to the amendment, you may terminate this Agreement in accordance with clause 20 and clause 20.5 will apply. If you terminate this Agreement your Authorised User’s Account will close and you and Authorised Users will no longer be able to access the Services.
Service Fees
In consideration for providing our Platform, we will charge a service fee of 12% of a Consultation Fee for each Confirmed Booking between your Authorised Users and a Patient (Service Fee) via our third party payment processor. The Service Fee includes any government payments (including without limitation Medicare or worker’s compensation).
We will deduct the Service Fee and any third-party payment processing fees from the Consultation Fees paid by the Patient (as a payment collection agent for you).
Account
Each Authorised User must have an Account.
Identity Verification: By providing us with the details of your Authorised Users, you warrant and agree that you have conducted all necessary identity verification or background checks on the Authorised User and that the Authorised User is appropriately qualified. We will not be liable for any Liability arising as a result of your failure to do so.
If an Authorised User is no longer registered or appropriately qualified to provide the Allied Health Services, you must notify us immediately.
We will onboard each Authorised User, including providing them with a login that can be used to access and use the Platform.
If you wish to change who your Authorised Users are at any time, you must notify us and we will implement the changes and update Attachment A.
While your Authorised Users have an Account with us, you agree to (and to ensure your Authorised Users agree to):
keep your information up-to-date (and ensure it remains true, accurate and complete);
keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and
notify us if you become aware of, or have reason to suspect, any unauthorised access to any logins linked to an Account including an Authorised User Account.
We may suspend your access to our Services if we suspect any unauthorised access to or use of our Services (such as the unauthorised sharing of login details for the Platform). We will notify you of this and work with you to resolve it, or if it cannot be resolved, then we may terminate your Account and your access to our Services will end.
Authorised Users
You acknowledge and agree that we are not a health service provider and that our role is solely to allow you to connect Patients and Authorised User/s using our Platform.
You are solely responsible for all aspects of Patient management including ensuring you (and your Authorised User/s) meet all legal and regulatory obligations in relation to the Allied Health Services.
It is your responsibility to implement a service agreement with the Patient before the first consultation on terms which are consistent with the terms set out in this Agreement and which set out the specific terms and conditions that will apply to the Allied Health Services.
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.
You agree to perform the Allied Health Services, and provide and obtain all things necessary for, or incidental to, the performance of the Allied Health Services:
in accordance all applicable Laws;
with due care, skill and diligence;
with due expedition and without delay; and
in a proper and professional manner, and in accordance with best industry practice.
You must (and to the extent applicable, must ensure that your Authorised User/s agree to):
not commit any act or omission, directly or indirectly, which may bring us (or the Platform or Patients) into breach of any Law, the subject of any Liability, or into disrepute;
comply with all applicable Laws, codes, standards and regulations including but not limited to:
the Health Practitioner Regulation National Law 2009 (NSW) or the equivalent legislation in the State where you are providing the Services;
the Medical Board of Australia Code of Conduct;
the Australian Medical Association Guidelines on Medical Certificates 2011 (Revised 2016);
any relevant State and Territory Health Records Acts; and
hold all licences with all relevant regulatory boards and/or authorities necessary to enable you to legally practice telehealth and deliver the health services through the Platform.
You agree to pay our additional costs reasonably incurred as a result of you failing to comply with this clause 5.
Payment
During the Term, we will deduct our Service Fee from the Consultation Fees in accordance with the process set out in clause 2.
You must pay all amounts due under this Agreement in accordance with this Agreement or as set out on our Platform (as applicable).
Upon receipt of the Consultation Fees from the Patient, our third party payment processor will hold the Consultation Fees on behalf of you 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 this Agreement). Our Service Fee will be deducted from the Consultation Fee and the remaining amount will be remitted to you by our third party payment process for credit card payments.
You appoint us as your limited payment collection agent solely for the purpose of accepting the Consultation Fees from the relevant Patient and charging our Service Fee. You agree that we will not be required to pay you any amount until we have received the Consultation Fee from the relevant Patient, and that we may grant refunds to Patients in accordance with this Agreement. Upon a Completed Booking, we will pay the Consultation Fee less the Service Fee on behalf of the Patient to you.
You are solely responsible for all aspects of Patient invoicing for all forms of payment.
Taxes: You are responsible for paying any levies or taxes associated with your use of our Services, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).
Platform Licence
During the Term, we grant your Authorised Users a right to use the Platform (which may be suspended or revoked in accordance with this Agreement). This right cannot be passed on or transferred to any other person.
You must not (and you must ensure that your Authorised User/s do not):
improperly use or disrupt the Platform or introduce any viruses or other malicious software code into the Platform;
use any unauthorised or modified version of the Platform;
circumvent user authentication or security of any of our networks, accounts or hosts or those of any third party; or
access or use the Platform to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.
How does the Platform work?
Patients will be able to view and search for your practitioner profiles under your Account on the Platform.
A Patient can request an initial consultation with a particular profile 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).
The Booking Request will be sent to the relevant Authorised User via the Platform. An Authorised User 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 Authorised User (Consultation Fee), as further particularised on the Platform.
As a Business, you acknowledge that we monitorTurnover Rates to ensure quality service provisionand agree that if your profiles have a high turnoverrate, then your account will be automatically pausedand potentially terminated. You agree the first eightsessions will be done through our platform in mostinstances.
We are not a party to any agreement entered into between a Patient and Authorised User and will not be responsible for the conduct of Patients or Authorised Users. You are responsible for all payments to your employees for their provision of services to Patients.
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, to the maximum extent permitted by law, the Service Fee is non-refundable.
Availability, Disruption and Downtime
While we strive to always make our Services available to you, we do not make any promises that these will be available 100% of the time. Our Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.
Our Services (including the 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.
We will try to provide you with reasonable notice, where possible, of any disruptions to your access to our Services.
Patient Reports
Where a Patient requests a report or assessment from a practitioner as part of the Allied Health Services, your business must scope the work, provide the Patient with a quote or estimate, and enter into a separate service agreement with the Patient for such services outside of the Platform.
You acknowledge that this Platform is not intended for negotiating or contracting these kinds of services, and any such arrangements must be handled independently between you (including your Authorised Users) and the Patient.
Safety of Premises
Where your practitioners provide the Allied Health Services in-person and at a premises or facility associated with you or the Authorised User, you are solely responsible for ensuring that such premises comply with all relevant work, health, safety and welfare standards and regulations.
Record Keeping
You agree to maintain an accurate record keeping system which is compliant with all applicable Laws.
You agree to maintain Records for a minimum of 7 years, or any other amount of time required under Law.
Intellectual Property and Data
We own all intellectual property rights in our Services (including the Platform). This includes how the 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 the Platform.
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 (including your Authorised User’s Data)
We do not own any of Your Data, but when you enter or upload any of Your Data into the Platform, you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data during the Term (and for a reasonable period of time afterwards). We may use Your Data (or disclose it to third party service providers) to:
supply our Services to you and your Authorised User/s (for example, to enable you and your Authorised User/s to access and use our Services), and otherwise perform our obligations under this Agreement;
diagnose problems with our Services;
improve, develop and protect our Services;
send you information we think may be of interest to you based on your marketing preferences;
perform analytics for the purpose of remedying bugs or issues with the Platform; or
perform our obligations under this Agreement (as reasonably required).
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.
You are responsible for (meaning we are not liable for):
the integrity of Your Data on your systems, networks or any device controlled by you or your Authorised User/s; and
backing up Your Data.
When you use our Services, we may create anonymised statistical data from Your Data and usage of our Services (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 Services, 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.
If you do not provide Your Data to us, it may impact your ability to receive our Services.
Confidential Information
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 Authorised User/s, 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.
However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so.
Privacy
We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available at www.alliedhealthau.com/privacy-policy, 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).
You must ensure that you and your Authorised User/s comply with all Privacy Laws (including any applicable Health Records Act) applicable to all Personal Information collected, used, stored or otherwise dealt with under or in connection with this Agreement, 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).
You must not (and must procure that your Authorised User/s do not) do anything which may cause us to be in breach of any Privacy Laws.
For the purposes of this clause 15, a Security Incident means the actual or likely occurrence of a breach by you (or your Authorised User/s) of this clause 15 or an ‘eligible data breach’ (as that term is defined in the
Privacy Act 1988 (Cth)). In respect of a Security Incident, you must:
notify us within 2 Business Days of becoming aware of the Security Incident;
comply with your obligations under the Privacy Laws;
provide us with all information we reasonably request;
assist and fully cooperate with us, at your own cost, in investigating and remedying the Security Incident; and
take any other action, at your own cost, that we reasonably deem necessary in connection with the Security Incident.
Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.
Consumer Law Rights
In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and this Agreement does not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of this Agreement. 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.
Subject to your Consumer Law Rights, we do not provide a refund for a change of mind or change in circumstance.
If you accept this Agreement in Australia, nothing in this Agreement 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)).
Warranties and Representations
Each Party represents and warrants that:
it has full legal capacity, right, authority and power to enter into this Agreement, to perform its obligations under this Agreement, and to carry on its business; and
this Agreement constitutes a legal, valid and binding agreement, enforceable in accordance with its terms.
You represent and warrant that:
all information and documentation that you provide to us in connection with this Agreement is true, correct and complete;
no insolvency events (including but not limited to bankruptcy, receivership, voluntary administration, liquidation or creditors’ schemes of arrangement) affecting you or your property are occurring or are likely to occur; and
if you enter into this Agreement as a trustee of a trust, then:
you are the sole trustee of the relevant trust and have been validly appointed;
you have full and valid power, authority, consents and approvals under the relevant trust to execute the Agreement and carry out the transactions contemplated by the Agreement; and
you have the right to be indemnified out of the assets of the relevant trust for all liabilities incurred by you under the Agreement.
Indemnity
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:
an employee’s performance (or
non-performance) of any Allied Health Services or other services, including the employee’s diagnoses or treatment of any Patient that the Authorised User connected with on the Platform; or
a claim by a Patient in connection with the Authorised User’s use of the Platform.
Liability
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 any use of our Services by a person or entity other than you, your employees or your Authorised User/s.
Regardless of whatever else is stated in this Agreement, to the maximum extent permitted by law:
neither Party is liable for any Consequential Loss;
a Party’s liability for any Liability under this Agreement 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;
(where our Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying our Services again or paying the cost of having our Services supplied again; and
our aggregate liability to you for any Liability arising from or in connection with this Agreement will be limited to the Service Fees paid us to you in respect of the supply of the relevant Services to which the Liability relates.
Termination
We may terminate this Agreement (meaning your Authorised User/s will lose access to our Services) if:
you fail to pay any amount due to us when they are due;
you, your employees or your Authorised User/s breach this Agreement and do not remedy that breach within 14 days of us notifying you of that breach;
you, your employees or your Authorised User/s breach this Agreement and that breach cannot be remedied; or
(to the extent permitted under the
Corporations Act 2001 (Cth)) you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement).
You may terminate this Agreement if:
we breach this Agreement and do not remedy that breach within 14 days of you notifying us of that breach; or
we breach this Agreement and that breach cannot be remedied, and
We may terminate this Agreement at any time by giving you 30 days’ notice.
You may also terminate this Agreement at any time by giving us 30 days’ notice to our email for notices (as set out in clause 21.8).
Upon termination of this Agreement, we will retain Your Data (including copies) as required by law or regulatory requirements.
Termination of this Agreement will not affect any other rights or liabilities that we or you may have.
General
Amendment: This Agreement may only be amended if we and you agree in writing.
Assignment: You may not transfer or assign this Agreement (including any benefits or obligations you have under this Agreement) to any third party without our prior written consent. We may assign or transfer this Agreement to a third party, or transfer any debt owed by you to us to a debt collector or other third party.
Disputes: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, this Agreement (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 either Party may refer the matter to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation.
Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under this Agreement if such delay or failure is caused or contributed to by a Force Majeure Event, provided that the Party seeking to rely on the benefit of this clause:
as soon as reasonably practical, notifies the other Party in writing details of the Force Majeure Event, and the extent to which it is unable to perform its obligations; and
uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.
Where the Force Majeure Event prevents a Party from performing a material obligation under this Agreement for a period in excess of 60 days, then the other Party may by notice terminate this Agreement, which will be effective immediately, unless otherwise stated in the notice. This clause will not apply to a Party’s obligation to pay any amount that is due and payable to the other Party under this Agreement.
Governing law: This Agreement is governed by the laws of South Australia, and any matter relating to this Agreement is to be determined exclusively by the courts in South Australia and any courts entitled to hear appeals from those courts.
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.
Nature of Legal Relationship: This Agreement does not create, and should not be interpreted so as to create a partnership, joint venture, employment or agency relationship between us and you.
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 or as otherwise provided to us. Notice
will be deemed to have been served at the time of transmission.
Publicity: You agree that, subject to your prior written consent, we may advertise or publicise the fact you are a customer of ours, 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.
Subcontracting: We may subcontract the provision of any part of our Services without your prior written consent. We agree that any subcontracting does not discharge us from any liability under this Agreement and that we are liable for the acts and omissions of our subcontractor.
Survival: Clauses 9 to 20 will survive the termination or expiry of this Agreement.
Definitions
In this Agreement, unless context otherwise requires, capitalised terms have the following meanings:
Account means an account accessible to the Authorised User under the entity who has accepted this Agreement.
Agreement means these terms and conditions and any documents attached to, or referred to in, each of them.
Allied Health Services has the meaning given in clause 8.2.
Authorised User means the administration staff that you have requested have access to use the Platform in accordance with this Agreement, as set out in Attachment A.
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 the Platform) will not constitute “Consequential Loss”.
Consultation Fees has the meaning given in clause 8.3.
Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.
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.
Patient means the person registered with us as a patient.
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 cloud-based platform, 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.
Records means any communicated made with a Patient and/or documented information, relating to the physical or mental health, medical history, diagnosis, treatment, care, or services rendered to an individual.
Services means the services we provide to you, as detailed in clause 3.1.
Turnover Rates means the average number of appointments a Patient books with your Account over a period of time.
Your Data means the information, materials, logos, documents, qualifications and other intellectual property or data supplied by you and your Authorised User/s when receiving our Services or stored by or generated by your use of our Services, 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.
ATTACHMENT A – AUTHORISED USERS
We will create an Account for each Authorised User as listed in this example table via email in accordance with the Agreement. Any changes to this list must be agreed between the Parties in writing. Any Authorised User who no longer has an account will instantly lose access to the Platform.
NAME | DETAILS |
[insert full name] | Email: [insert] |
[insert full name] | Email: [insert] |
ATTACHMENT B – END USER LICENCE AGREEMENT
End User Licence Agreement
Introduction
These terms and conditions (Terms) are entered into between Allied Australia Group Holdings Pty Ltd (ACN 665 987 324) (we, us or our) and you, together the Parties and each a Party.
We operate a website which allows Allied Health Professionals to engage in telehealth, in-home or in-clinic consultations for the provision of healthcare services to Patients (Platform). The Platform can be accessed at alliedhealthau.com.
You are accessing the Platform as an authorised user of the business user who has accepted our Business User Agreement and is our client (Business User). If the Business User’s agreement with us is suspended or terminated for any reason, your access to the Platform will also be suspended or terminated.
Acceptance and Platform Licence
By clicking on “I accept” (or similar button or checkbox) or by using or accessing the Platform, you accept these Terms.
We may amend these Terms at any time, by providing written notice to you. By accepting or continuing to use the 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 cease accessing the Platform.
Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use the Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:
anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
using the Platform to defame, harass, threaten, menace or offend any person, including using the Platform to send unsolicited electronic messages;
tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);
using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or
facilitating or assisting a third party to do any of the above acts.
Access to the Platform
We will provide you with the login details required to access the Platform.
All personal information you provide to us will be treated in accordance with our Privacy Policy.
You agree not to share your login details with any other person. Your login is personal and you must not transfer or provide it to others.
You are responsible for keeping your login details and your username and password confidential and you will be liable for all activity via your login. You agree to immediately notify us of any unauthorised use of your login.
How does the Platform work?
A Patient can request a consultation with you 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).
The Booking Request will be sent to the you via the Platform. You 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 you (Consultation Fee), as further particularised on the Platform.
We are not a party to any agreement entered into between you and a Patient and we have no control over the conduct of you or Patients.
Communication
We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as email.
You and a Patient must not communicate outside of the Platform until a Confirmed Booking has been made.
You and a Patient must not use the contact details of the other party to organise the provision of the Allied Health Services off the Platform.
Payments
When an initial Booking Request is accepted, the Patient will pay us (as a payment collection agent for the Business User) the Consultation Fee.
We are not a party to any agreement between you and the Business User and your payment in respect of the Allied Health Services is the sole responsibility of the Business User.
Taxes: You are responsible for paying any levies or taxes associated with your use of the Platform, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).
Our Intellectual Property
You acknowledge and agree that any Intellectual Property or content (including copyright and trademarks) available on the Platform, the Platform itself, and any algorithms or machine learning models used on the Platform (Our Intellectual Property) will at all times vest, or remain vested, in us or our licensors.
We authorise you to use Our Intellectual Property solely for your personal use. You must not exploit Our Intellectual Property for any other purpose, nor allow, aid or facilitate such use by any third party.
You must not, without our prior written consent:
copy, in whole or in part, any of Our Intellectual Property;
reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website, or creating derivative works from any of Our Intellectual Property.
Refunds and Cancellation Policy
The cancellation, variation or refund of any Allied Health Services ordered on the Platform is a matter between you and the relevant Patient.
For disputes between you and Patients, 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.
Allied Health Professional Obligations
In consideration for providing you with the Platform, you agree to:
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;
co-ordinate all aspects of the Allied Health Services provided to the Patient;
ensure that all bookings with a Patient for the Allied Health Services are made on the Platform;
maintain and retain notes and patient records as required by Law;
fulfil your duty of care to each Patient;
comply with the provision of these Terms and all applicable Laws and industry codes; and
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.
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.
You represent, warrant and agree that:
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;
there are no legal restrictions preventing you from entering into these Terms;
you will cooperate with us and provide us with all assistance, information and access necessary under these Terms;
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
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.
Warranties
You represent, warrant and agree that:
you will not use the Platform, including Our Intellectual Property, in any way that competes with our business;
there are no legal restrictions preventing you from entering into these Terms;
all information and documentation that you provide to us in connection with these Terms is true, correct and complete; and
you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms.
Liability
Despite anything to the contrary, without limiting any rights you may have as a consumer under the Schedule 2 of the
Competition and Consumer Act 2010 (Cth) (Australian Consumer Law):
neither Party will be liable for Consequential Loss;
each 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 acts or omissions of the other Party or any of that Party’s personnel, including any failure by that Party to mitigate its losses; and
we will have no Liability towards you in relation to these Terms or your use of the Platform.
Access
Should we suspect that you are in breach of these Terms, we may suspend your access to the Platform while we investigate the suspected breach. Should we determine that you are in breach of these Terms, your access to the Platform will be terminated immediately.
General
Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.
Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
Force Majeure: To the maximum extent permitted by law, we shall have no Liability for any event or circumstance outside of our reasonable control.
Governing law: These Terms are governed by the laws of South Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in South Australia and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you sign up to the Platform. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Definitions
Consequential Loss includes any consequential loss, 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.
Intellectual Property Rights means any and all existing and future rights throughout the world conferred by statute, common law, equity or any corresponding law in relation to any copyright, designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets (including the right to keep confidential information confidential), circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, whether or not registered or registrable.
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 a party to these Terms or otherwise.
For any questions or notices, please contact us at:
Allied Australia Group Holdings Pty Ltd (ACN 665 987 324)
Email: support@alliedhealthau.com
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