1.1 Fertility Booking PTY LTD (hereafter referred to as the "Company", "we", "our" or us") provides an interactive online platform that allows patient to book medical appointments and related services.
1.2 In these Terms, unless the context indicates otherwise, the terms "You" or "your" means the end user of the Platform. "Personal Data" refers to information which, independently or in combination with other information, can be used to ascertain the identity of a natural person, and includes information pertaining to health status of that natural person ("health data").
3.1 To access and use our Platform, you will need to provide certain personal information to create your account. We may at our discretion reject any registration if it does not comply with these Terms and conditions outlined in section 3.2 below.
You agree that:
a. You will, as a patient user, submit correct and complete information to verify your identity. These include your name, mobile phone number and date of birth and any other information requested by us. You must also update this information from time to time as soon as it needs updating. Please note that if we do not receive correct information or verify your identity, you will not be able to access and use our Platform.
b. You accept full responsibility for all information supplied by you onto the Platform
c. You must be 18 years of old or above to be allowed to use our Platform.
d. To protect the integrity of our platform and the patient's personal and health data, we shall have the right to restrict access to your account if we cannot verify your identity. Account restrictions may apply until you submit correct, complete and up-to-date information.
e. If you are registering or using the Platform on behalf of any user, you warrant and represent that you have the necessary power and authority to accept these Terms and enter into contract and assume all obligations and liabilities related to or arising from these Terms and other related service arrangements.
4.1 The following terms describe prohibited uses of our Platform (services, website, booking software and other services provided by us). You must not:
a. In any way, violate any laws or regulations or aid the violation of those laws;
b. Violate the intellectual property rights or other rights of any third party;
c. Submit or share any material that contains any virus or malicious code or software that is designed to weaken or undermine the effectiveness or performance of the Platform or any of its components;
d. Isubmit or share any material that contains any virus or malicious code or software that is designed to weaken or undermine the effectiveness or performance of the Platform or any of its components;
e. Impede on any user's ability to access and use the Platform;
f. Submit, publish, share or make available any link to malicious or destructive content;
g. Use the platform in an abusive and frivolous way;
h. Abuse or undermine the platform by making bookings and fail to attend them without proper cause or adequate notice of cancellation;
i. Upload or transmit content - or engage in any activity- that is unlawful, abusive, harmful, threatening, defamatory or otherwise objectionable material of any kind that is likely to cause damage or harm to any person or bring our services to disrepute.
5.1 The Company takes all reasonable endeavours to make sure that the Platform and related services are available. Please note however that this is not a guarantee that services will be free of interruptions at all times. Accordingly, you agree that:
a. Access to the Platform may be impaired by factors and events beyond our control;
b. Services and information provided on or through this Platform may contain errors including graphical, technical and typographical errors. Access to this platform may be interrupted by events or reasons beyond our control including server downtime, cyberattacks or malware infections;
c. Functionalities and other interactive elements of the Platform may change periodically;
d. You will take reasonable measures to prepare for and handle accidental unavailability by:
I. Updating your mobile device so as to be able update, retrieve or use local copies of the data available on the Platform;
II. Making and storing hard copies of information stored on the Platform;
III. Maintaining direct contact with your practitioner.
6.1 Our platform contains links to websites owned or operated by third parties. The inclusion of these links does not mean we are endorsing those websites. This is because we do not own, monitor or manage those websites.
6.2 We will not accept liability whatsoever for any content or information, including clinical and medical information, contained on any external website linked from this Platform.
6.3 We are not a party to any transaction or communication between Patient Users and medical or health practitioners. We will not be liable in any way for the accuracy, reliability or completeness of any content, materials, information and services provided to you via the Platform by your medical or health practitioners or any other end user of the Platform.
7.1 Security and privacy of our Platforms and related data is a matter of great importance for us. As a patient user of the Platform, you warrant that:
a. You will not in any way undermine the integrity, safety and privacy of Platform and data system.
b. You will take full responsibility for the security and confidentiality of your account information. You must always keep your password or access codes private and not allow anyone else to use.
c. You will as soon as possible inform us of any unauthorised access and use of your account or this Platform that comes to your knowledge.
7.2To promote the security of our data and information systems, we have taken reasonable technical measures to protect data in transmission as well as data at rest by implementing industry standard encryption. Our hope is that these measures will prevent or minimize the risk of theft or loss of, or unauthorised access and disclosure, of data. Please note however that this is not a promise or warrant of data security.
7.3 To promote the stability and efficiency of our Platform, we may limit the amount of data that can be stored by an individual patient user. We will always provide advance information about storage limitations if any.
7.4 To ensure availability and security, we regularly make backup copies of the Platform and the data contained therein. Unless indicated expressly as such, this is not a guarantee that we will back up or be able to back up any specific data or content whether or not such data relates to a Patient User.
b. With your consent or directions, we may share your Personal Data with any medical practitioner including a Medical Practice or Practitioner you have booked or otherwise communicated with via the Platform.
d. In some situations processing of your personal data will be based on your consent. If you provide consent, such consent will be valid until expressly withdrawn by you. As stipulated above, Medical Practice will be able to rely on your consent provided hereunder when processing data shared to them under these Terms of Service.
e. We will have the right to use your information to communicate with you. We may therefore send you electronic mail, text messages, push notifications and other alerts on our behalf or on behalf of any practitioner for the purpose of providing our services, confirming your bookings, sending appointment reminders, carry our patient survey, respond to your enquiries and other requests for assistance.
f. When you access our web platform, we may collect certain technical data about the usage of our website using cookies and similar techniques. We use this data to provide useful personalized experience.
8.2 You must not upload any person's personal information without their consent. If you upload personal information of a third party, you warrant and guarantee that you have obtained the consent of the third party to upload his or her information to our Platform.
8.3 Your account is for personal use. If a third party accesses or uses your account, you, unless there are sufficient grounds to prove otherwise, represent to us that you have authorised that party accessing your account and personal information and you accept responsibility for all activities happening under your account.
8.4 If you have reasons to believe that your account has been accessed without your authorization or that your data has been lost or unlawfully disclosed, you must notify us as soon as possible.
a. Annul or suspend the usage license granted to you under section 2.2. of the Terms ;
b. Cancel, end or otherwise terminate your account.
9.2 In certain circumstances, at our discretion, we may inform you in advance of any suspension, revocation or terminate measures. We will not be under any obligation however to provide prior notice.
9.3 If we suspend your account or otherwise permanently ban your access to the Platform, any personal information submitted by you will either be
a. Permanently erased or otherwise de-personalized;
b. Retained as permitted by relevant data retention laws and regulatory requirements
9.4 The termination or suspension of your account and access to the Platform will not affect any rights accrued before the termination, or any indemnities, obligations and any other provision of these Terms which are intended to survive termination or suspension.
10.1 All intellectual property rights in the Platform and content thereon are owned exclusively by us and/or our licensors.
10.2 Unless indicated otherwise, nothing contained in these Terms shall be construed to transfer any title, right or ownership in any intellectual property rights in the Platform to you. Except as permitted by the law, you must not:
a. Duplicate, upload, share, reproduce, disseminate or in any way commercialize or make derivate works of the content, services or intellectual property obtained on or through access or use of the Platform;
b. Decompile, decrypt, reverse-engineer, disassemble, adapt or create derive copies of the code or software used on this Platform;
c. Sub-license, transfer or lease your rights under these Terms without our express written approval.
10.3 You agree that if you submit ideas, comments, suggestions, reviews, feedback or other user-generated information ("user-generated content"), accordingly you grant us a permanent, worldwide, royalty-free, transferable and non-exclusive licence to use, digitize, duplicate, modify, display such user-generated information in connection with the performance or improvement of our Platform and services.
11.1 To the fullest extent allowed by law, You agree that
a. You access, use and transact at our Platform at your own sole risk;
b. You are responsible to make sure that the data and information you provide or make available to us is accurate, complete and reliable;
c. You assume the risk of and liability for any eventual cancellation or unavailability of medical appointments. We do not warrant that any reserved booking will be actually available or that practitioner will confirm your booking request. If there is any issue with your booking request including for example delays or cancellation, it is your responsibility to contact the relevant practitioner for assistance.
d. Our Platform does not provide medical advice, nor does it purport to provide medical advice. Any services or information provided via this Platform is not a substitute for professional medical advice or services including emergency or severe medical conditions. If you need professional and specialized advice or help, you must consult a competent and licensed medical or health practitioner.
e. We provide this online platform for convenience purposes to bridge communication between patients and medical service providers. We are therefore a third party and we will not accept liability for actions or omissions of third parties, including medical practitioners.
f. In no event whatsoever shall we be liable for:
I. Duplicate, upload, share, reproduce, disseminate or in any way commercialize or make derivate works of the content, services or intellectual property obtained on or through access or use of the Platform;
II. Any direct or indirect, special, incidental, punitive or consequential damages, loss or damage to data, or any other comparable or related loss arising from or related to your use or inability to use the Platform or the content thereon, irrespective of the basis of liability and whether or not were advised of the likelihood of such damages, loss or liability.
11.2 You agree to defend and indemnify us for any damages, costs, expenses, loss or claim that we may sustain or incur as a result or in connection with any breach or threatened breach by you of these Terms.
11.3 Some rights and guarantees under consumer protection laws may not be excluded by contractual clauses and these Terms do not purport to exclude liability which cannot be excluded under the law. Except for such guarantees which cannot be excluded by contractual clauses, and unless specified otherwise in these Terms, we disclaim liability for all other warranties, conditions and guarantees, express or implied.
12.1 You warrant and represent to us that you have accepted these terms with free and full consent without any promise or enticement or reliance on any warranty or promise made by us other than as otherwise stipulated in these Terms of Service.
12.2 If any part of these Terms shall be held invalid or unlawful for any reason, the same shall be considered as severed from the remainder hereof, and it shall in no way affect or impair the validity of the remaining part of these Terms.
12.3 These Terms constitute the complete agreement between you and us.
12.4 Any act or omission by us to strictly enforce the terms and conditions herein shall not constitute or act as a waiver of a provision unless such waiver is writing and signed by us.
12.5 You must not assign your duties or obligations under these Terms without prior written consent of the Company. We may assign any part of this agreement with prior notice to you.
12.6 The application and interpretation of these Terms shall be governed by the laws of Australia and any dispute arising herefrom shall be subject to exclusive jurisdiction of courts in Australia.
13.1 Unless the context clearly indicates otherwise, the following terms shall have the following meanings:
a. "Account" refers to user account of a registered individual Patient User;
b. "Booking" refers to a reservation with a practitioner made on or through our Platform;
c. "Health data" refers to information pertaining to health status of user and as otherwise defined in applicable data protection laws;
d. "Medical Practitioner" or "Medical Practice" refers to the practice of medicine or healthcare services and include corporate bodies and individual healthcare professionals who provide medical and health services by appointment via the Platform;
e. "Patient user" refers to an end user who uses the Platform to access health or medical services;
f. "Recall" refers to a procedure where a clinical reminder is communicated to the Patient user via the Platform's Recall functionality.
g. "Reminder" refers to notification of an upcoming appointment which is sent to a Patient user through the Platform's Reminder functionality.
13.2 Miscellaneous: In these Terms, unless stated otherwise:
a. Subject headings contained in these Terms are for convenience only and shall not be deemed to affect the meaning or construction of any of the provisions of these Terms
b. Words indicating the singular also include the plural and vice versa
c. A reference to any statute or provisions includes a reference to that statute or provision as amended from time to time, extended, re-enacted, consolidated, and all statutory orders or instruments under it;
d. A reference to any article, clause or section means reference to articles, clause or section in these terms and any schedules or exhibits there to;
e. Stating anything after the word "includes", "including", or similar expressions, does not limit anything else that might be included; and
f. A reference to a party to these Terms also includes that party's successors and permitted assigns, or as applicable, the party's legal personal representatives.