Patient Terms & Conditions
This platform (Platform) is operated by Specialist Booking Pty Ltd (ABN 36 636 894 061), or its successors and assignees (we, our or us). The Platform is available through our website, https://www.specialistbooking.com, and may be available through other online addresses or channels. The Platform refers to our marketplace regardless of how you access it.
The Platform connects registered Australian medical specialists (Specialist or Specialists) with patients requiring a telehealth consultation (Patients), by facilitating the booking of telehealth consultations, the supply of telehealth consultations and the processing of payment between Specialists and Patients.
MEDICAL EMERGENCIES: IF YOU REQUIRE IMMEDIATE MEDICAL ATTENTION, CONTACT YOUR TREATING GENERAL PRACTITIONER OR CALL 000. DO NOT USE THE PLATFORM IF:
You have or think you may have an emergency or critical condition or symptom, including, but in no way limited to:
If you are in doubt about the seriousness of your condition, the appropriateness or effectiveness of using this Platform or believe that you, or anyone is in an urgent, dangerous or emergency situation, you should not use the Platform and instead contact 000 immediately or seek alternative and appropriate medical services (such as presenting to your local Emergency Department).
ACCEPTANCE
By registering for or accessing and/or using our Platform, you, each person, entity or organisation using our Platform (referred to as you or a User)
Please read these Terms carefully and cease using the Platform if you do not agree to the Terms. We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Platform. We recommend you check our Platform regularly to ensure you are aware of our current Terms.
PLATFORM SUMMARY
(a) The Platform connects Patients with Specialists for the booking and supply of telehealth consultations (Consultation).
(b) A Patient may
(d) Where a Booking is made, the Specialist and Patient can communicate using contact details provided on the Platform. Specialists may need to contact Patients in order to confirm details for the Consultation, such as information about a Patient’s medication or copies of the Patient’s medical scans.
(e) At the time of the Booking, the Specialist and Patient will use the Platform to electronically join the Consultation.
(f) Payment for any Booking will be made at the time the patient makes the Booking Request. Patients will make payment through our third party payment processor Stripe.
(g) The Patient may elect for the Consultation to be recorded by informing the Specialist of this request at the beginning of the Consultation. Consultations will not be automatically recorded, the Patient must opt-in when joining the Consultation. The Platform will display a recording notification if the Consultation is being recorded. All recorded calls are stored locally on the User’s device.
(h) Each User understands and agrees that the Platform is an online introductory platform and only provides
COLLECTION NOTICE
(a) We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
(b) We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information we may not be able to provide our Platform to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
(c) Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.
(d) By providing personal information to us, you understand we will collect, hold, use and disclose your personal information in accordance with our Privacy Policy.
USE OF THE PLATFORM
(a) In the use of the Platform, the User agrees:
PATIENT OBLIGATIONS AND WARRANTIES
Patients must:
REGISTRATION AND PROFILES
(a) You must register on the Platform and create an account (Account) to access most features on the Platform. If you do not register on the Platform, you will not be able to make Booking Requests on the Platform. The registration will also be subject to Zoom’s terms and conditions (available via: https://zoom.us/terms). You agree that you have read, agree to and will comply with Zoom’s terms and conditions.
(b) You must provide basic information when registering for an Account including your name, email address and telephone number and you must choose a password. The telephone number you provide must be operational and you understand and agree that if there is a technical difficulty with a Consultation, the Specialist may contact the Patient on the provided telephone number and offer to provide the Consultation via the phone call.
(c) You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.
(d) You are responsible for keeping your Account details and your password confidential and you will be liable for all activity on your Account, including purchases made using your Account details, whether or not you authorised such activities or actions.
(e) You will immediately notify us of any unauthorised use of your Account.
(f) At our sole discretion, we may refuse to allow any person to register or create an Account.
FEES AND PAYMENTS
(a) It is free to register an Account on the Platform or to review content on the Platform.
(b) When making a Booking you must pay the Booking Fee through our third party payment processor, or by any other payment method set out on the Platform.
(c) Payment will be processed at the time the Booking Request is made.
(d) As the Specialist’s limited payment collection agent, we will collect all payments for Consultations and the payment will be transferred to the Specialist according to the agreement we have with the Specialist.
(e) We may change the fee and payment terms applying to the Platform at our sole discretion and any change is immediately effective upon us publishing the change on the Platform and will apply to any use of the Platform following the change. You should review any fee and payment terms, and these Terms generally, prior to making a Booking Request on our Platform.
(f) Each Specialist appoints us as the Specialist’s limited payment collection agent solely for the purpose of accepting payments for Consultations from the Patient and, if relevant, to process any refunds as permitted by these Terms.
REFUNDS, RESCHEDULING AND CANCELLATIONS
(a) A Patient may reschedule a Consultation at any time that is more than 24 hours before the Consultation start time.
(b) Any issues relating to quality of the service provided by a Specialist in a Consultation or the advice provided by the Specialist in a Consultation, are the responsibility of the Specialist, as applicable and the cancellation, exchange or refund of any services ordered on Platform is a matter between the relevant Specialist and Patient, subject to the following clauses (c) and (d).
(c) If:
(d) A Patient must be on time for a Consultation and if a Patient is late to their Consultation, or does not attend their Consultation at the time of their Booking, to the extent permitted by law, the Booking Fee is non-refundable.
PROHIBITED CONDUCT
You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (without limitation):
(a) 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;
(b) using our Platform to defame, discriminate against, abuse, harass, threaten, menace or offend any person;
(c) interfering with any user using our Platform;
(d) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;
(e) anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, zoning and tax regulations;
(f) as a Patient, making a Booking Request that you do not intend to complete;
(g) using our Platform to send unsolicited messages; or
(h) facilitating or assisting a third party to do any of the above acts.
RATINGS
(a) On completion of a Consultation a Patient may be provided the opportunity to rate their overall experience on the Platform (Rating).
(b) You are required to provide a true, fair and accurate Rating.
(c) You acknowledge and agree that we may contact you to discuss your Rating.
EXCLUSION OF COMPETITORS
You are prohibited from using our Platform, including the information and materials available on it (Content), in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.
INFORMATION
The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.
LICENSE TO USE OUR PLATFORM
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
You must not, without the prior written consent of ourselves or the owner of the Content (as applicable):
(a) copy or use, in whole or in part, any Content;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
(c) breach any intellectual property rights connected with our Platform, including (without limitation) by:
CONSUMER GUARANTEES
(a) Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).
(b) Nothing in these Terms excludes your Statutory Rights as a a consumer under the ACL.
(c) The services provided by a Specialist might also confer you certain Statutory Rights.
WARRANTIES, DISCLAIMERS AND INDEMNITY
To the extent permitted by law, we make no representations or warranties about our Platform, the Content, Specialists, or Patients, including (without limitation) that:
(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
(b) access will be uninterrupted, error-free and free from viruses; and
(c) our Platform will be secure.
You read, use, and act on our Platform and the Content at your own risk.
Limitation of liability: Despite anything to the contrary, to the maximum extent permitted by law:
(a) our maximum aggregate Liability arising from or in connection with these Terms (including the services we provide and/or the subject matter of these Terms) will be limited to, and must not exceed the aggregate amount of $100; and
(b) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated 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.
(c) Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any:
(e) This clause will survive the termination or expiry of these Terms.
Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
Third party sites: Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.
TERMINATION
(a) You may cancel your Account and terminate these Terms at any time via the “Cancel Account” feature (or similar) on our Platform or by sending us an email to the address at the end of these Terms. You can also deactivate your Account at any time via the Platform.
(b) We may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to the email address in your Account.
(c) At our sole discretion, we may suspend your Account or terminate these Terms immediately without notice if (i) you are in breach of these Terms, any applicable laws, regulations or third party rights or (ii) we have received complaints about you.
(d) Where your Account and these Terms are terminated, any Booking Requests and Bookings will be automatically cancelled and any refunds will be provided in accordance with the ‘Rescheduling, Refunds and Cancellation’ section above.
Disputes between Specialists and Patients: We encourage Specialists and Patients to attempt to resolve disputes (including claims for returns or refunds) with other users directly.
Disputes with us: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
SEVERANCE
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
JURISDICTION
Your use of our Platform and these Terms are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria, Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Platform may be accessed throughout Australia and overseas. We make no representation that our Platform complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Platform from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Platform.
For any questions and notices, please contact us at:
Specialist Booking Pty Ltd (www.specialistbooking.com)
Email: [email protected]
The Platform connects registered Australian medical specialists (Specialist or Specialists) with patients requiring a telehealth consultation (Patients), by facilitating the booking of telehealth consultations, the supply of telehealth consultations and the processing of payment between Specialists and Patients.
MEDICAL EMERGENCIES: IF YOU REQUIRE IMMEDIATE MEDICAL ATTENTION, CONTACT YOUR TREATING GENERAL PRACTITIONER OR CALL 000. DO NOT USE THE PLATFORM IF:
You have or think you may have an emergency or critical condition or symptom, including, but in no way limited to:
- Severe chest pain
- Heart attack
- Stroke
- Loss of consciousness
- Severe weakness in arms, legs or face
- Severe bleeding
- Breathing difficulty
- Acute neurological disturbance such as acute limb weakness or bowel or bladder dysfunction
- Spinal cord compression
If you are in doubt about the seriousness of your condition, the appropriateness or effectiveness of using this Platform or believe that you, or anyone is in an urgent, dangerous or emergency situation, you should not use the Platform and instead contact 000 immediately or seek alternative and appropriate medical services (such as presenting to your local Emergency Department).
ACCEPTANCE
By registering for or accessing and/or using our Platform, you, each person, entity or organisation using our Platform (referred to as you or a User)
- warrant to us that you have reviewed these terms and conditions, (Terms), including our Privacy Policy available on the Platform (including, if applicable, with your parent or legal guardian) and you understand them;
- warrant to us that you have the legal capacity to enter into a legally binding agreement with us;
- agree to use the Platform in accordance with these Terms; and
- acknowledge and agree that the Specialists on our Platform are registered medical practitioners in Australia and where you access or use the Platform outside of Australia, you are agreeing that you access and use the Platform and receive any medical services, as if you were located in Australia.
Please read these Terms carefully and cease using the Platform if you do not agree to the Terms. We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Platform. We recommend you check our Platform regularly to ensure you are aware of our current Terms.
PLATFORM SUMMARY
(a) The Platform connects Patients with Specialists for the booking and supply of telehealth consultations (Consultation).
(b) A Patient may
- create an account on the Platform,
- search the available Consultations on the Platform; and
- place a request for the Consultation through the Platform with a Specialist (Booking Request). The Booking Request is sent to the Specialist through the Platform.
(d) Where a Booking is made, the Specialist and Patient can communicate using contact details provided on the Platform. Specialists may need to contact Patients in order to confirm details for the Consultation, such as information about a Patient’s medication or copies of the Patient’s medical scans.
(e) At the time of the Booking, the Specialist and Patient will use the Platform to electronically join the Consultation.
(f) Payment for any Booking will be made at the time the patient makes the Booking Request. Patients will make payment through our third party payment processor Stripe.
(g) The Patient may elect for the Consultation to be recorded by informing the Specialist of this request at the beginning of the Consultation. Consultations will not be automatically recorded, the Patient must opt-in when joining the Consultation. The Platform will display a recording notification if the Consultation is being recorded. All recorded calls are stored locally on the User’s device.
(h) Each User understands and agrees that the Platform is an online introductory platform and only provides
- the Platform to the User (including hosting and maintaining the Platform);
- assistance for Patients to form contracts with Specialists for Bookings and the delivery of Consultations; and
- the processing of payments between Patients and Specialists (together the Platform Services).
- we only make available the Platform Services;
- we are not party to any agreement entered into between a Patient and a Specialist;
- we have no control over the conduct of other Specialists, Patients or any other user of the Platform; and
- we are not an employment agency or labour hire business and Specialists are not our agents.
COLLECTION NOTICE
(a) We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
(b) We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information we may not be able to provide our Platform to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
(c) Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.
(d) By providing personal information to us, you understand we will collect, hold, use and disclose your personal information in accordance with our Privacy Policy.
USE OF THE PLATFORM
(a) In the use of the Platform, the User agrees:
- each Consultation is limited to one Patient and one issue, unless otherwise agreed by the Specialist;
- the Consultation will end at the Consultation end time, as set out in the Booking;
- if at the Consultation end time the Patient needs further advice or information, the Patient must make another Booking Request;
- that Specialists may only advise on their area of specialisation. If the Patient requires advice from varying Specialists, the Patient must make a Booking Request for a Consultation with each Specialist;
- the Platform does not allow for the issuing of prescription medication directly via the Platform;
- the Platform is not intended to replace in-person consultations, physical examinations or a visit to the emergency department; and
- if following a Consultation the Patient has questions or requires follow up documentation, an examination, testing, surgery or any other further assistance which is not provided via the Platform, the Patient must contact the relevant Specialist directly or must present to the Patient’s local general practitioner or emergency department if the Patient’s clinical condition worsens.
PATIENT OBLIGATIONS AND WARRANTIES
Patients must:
- comply with the requirements of the Specialist, who may require that the Patient have proof of either a current Medicare card, private health insurance, WorkCover or a DVA Health Card/Veteran Card to make a Booking Request;
- except as permitted by clause (3) of this section, not submit Booking Requests on behalf of another person; and
- if a User is placing a Booking Request on behalf of their child or other charge, the User warrants that they are that child’s or other charge’s parent or legal guardian and that they will also be present for the Consultation.
REGISTRATION AND PROFILES
(a) You must register on the Platform and create an account (Account) to access most features on the Platform. If you do not register on the Platform, you will not be able to make Booking Requests on the Platform. The registration will also be subject to Zoom’s terms and conditions (available via: https://zoom.us/terms). You agree that you have read, agree to and will comply with Zoom’s terms and conditions.
(b) You must provide basic information when registering for an Account including your name, email address and telephone number and you must choose a password. The telephone number you provide must be operational and you understand and agree that if there is a technical difficulty with a Consultation, the Specialist may contact the Patient on the provided telephone number and offer to provide the Consultation via the phone call.
(c) You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.
(d) You are responsible for keeping your Account details and your password confidential and you will be liable for all activity on your Account, including purchases made using your Account details, whether or not you authorised such activities or actions.
(e) You will immediately notify us of any unauthorised use of your Account.
(f) At our sole discretion, we may refuse to allow any person to register or create an Account.
FEES AND PAYMENTS
(a) It is free to register an Account on the Platform or to review content on the Platform.
(b) When making a Booking you must pay the Booking Fee through our third party payment processor, or by any other payment method set out on the Platform.
(c) Payment will be processed at the time the Booking Request is made.
(d) As the Specialist’s limited payment collection agent, we will collect all payments for Consultations and the payment will be transferred to the Specialist according to the agreement we have with the Specialist.
(e) We may change the fee and payment terms applying to the Platform at our sole discretion and any change is immediately effective upon us publishing the change on the Platform and will apply to any use of the Platform following the change. You should review any fee and payment terms, and these Terms generally, prior to making a Booking Request on our Platform.
(f) Each Specialist appoints us as the Specialist’s limited payment collection agent solely for the purpose of accepting payments for Consultations from the Patient and, if relevant, to process any refunds as permitted by these Terms.
REFUNDS, RESCHEDULING AND CANCELLATIONS
(a) A Patient may reschedule a Consultation at any time that is more than 24 hours before the Consultation start time.
(b) Any issues relating to quality of the service provided by a Specialist in a Consultation or the advice provided by the Specialist in a Consultation, are the responsibility of the Specialist, as applicable and the cancellation, exchange or refund of any services ordered on Platform is a matter between the relevant Specialist and Patient, subject to the following clauses (c) and (d).
(c) If:
- a Specialist cancels a Consultation at any time;
- a Patient cancels a Consultation more than 24 hours before the Consultation start time;
- a Consultation is unable to be properly delivered due to technical issues, as solely determined by the Specialist;
- a Specialist is more than 60 minutes late for a Consultation or does not attend a Consultation; or
- the Specialist directs us to refund the Booking Fee as their limited payment collection agent; and
(d) A Patient must be on time for a Consultation and if a Patient is late to their Consultation, or does not attend their Consultation at the time of their Booking, to the extent permitted by law, the Booking Fee is non-refundable.
PROHIBITED CONDUCT
You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (without limitation):
(a) 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;
(b) using our Platform to defame, discriminate against, abuse, harass, threaten, menace or offend any person;
(c) interfering with any user using our Platform;
(d) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;
(e) anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, zoning and tax regulations;
(f) as a Patient, making a Booking Request that you do not intend to complete;
(g) using our Platform to send unsolicited messages; or
(h) facilitating or assisting a third party to do any of the above acts.
RATINGS
(a) On completion of a Consultation a Patient may be provided the opportunity to rate their overall experience on the Platform (Rating).
(b) You are required to provide a true, fair and accurate Rating.
(c) You acknowledge and agree that we may contact you to discuss your Rating.
EXCLUSION OF COMPETITORS
You are prohibited from using our Platform, including the information and materials available on it (Content), in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.
INFORMATION
The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.
LICENSE TO USE OUR PLATFORM
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
You must not, without the prior written consent of ourselves or the owner of the Content (as applicable):
(a) copy or use, in whole or in part, any Content;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
(c) breach any intellectual property rights connected with our Platform, including (without limitation) by:
- altering or modifying any of the Content;
- causing any of the Content to be framed or embedded in another website; or
- creating derivative works from the Content.
CONSUMER GUARANTEES
(a) Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).
(b) Nothing in these Terms excludes your Statutory Rights as a a consumer under the ACL.
(c) The services provided by a Specialist might also confer you certain Statutory Rights.
WARRANTIES, DISCLAIMERS AND INDEMNITY
To the extent permitted by law, we make no representations or warranties about our Platform, the Content, Specialists, or Patients, including (without limitation) that:
(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
(b) access will be uninterrupted, error-free and free from viruses; and
(c) our Platform will be secure.
You read, use, and act on our Platform and the Content at your own risk.
Limitation of liability: Despite anything to the contrary, to the maximum extent permitted by law:
(a) our maximum aggregate Liability arising from or in connection with these Terms (including the services we provide and/or the subject matter of these Terms) will be limited to, and must not exceed the aggregate amount of $100; and
(b) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated 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.
(c) Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any:
- event or circumstance beyond our reasonable control;
- acts or omissions of you;
- any defect, error, omission, lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit), inaccessibility of, interruption or outage with respect to the Platform;
- misuse of the Platform and/or Content;
- interaction you have with other users whether in person or online;
- any injury or loss to any person;
- Content which is incorrect, incomplete or out-of-date; or
- breach of these Terms or any law by you.
(e) This clause will survive the termination or expiry of these Terms.
Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
Third party sites: Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.
TERMINATION
(a) You may cancel your Account and terminate these Terms at any time via the “Cancel Account” feature (or similar) on our Platform or by sending us an email to the address at the end of these Terms. You can also deactivate your Account at any time via the Platform.
(b) We may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to the email address in your Account.
(c) At our sole discretion, we may suspend your Account or terminate these Terms immediately without notice if (i) you are in breach of these Terms, any applicable laws, regulations or third party rights or (ii) we have received complaints about you.
(d) Where your Account and these Terms are terminated, any Booking Requests and Bookings will be automatically cancelled and any refunds will be provided in accordance with the ‘Rescheduling, Refunds and Cancellation’ section above.
Disputes between Specialists and Patients: We encourage Specialists and Patients to attempt to resolve disputes (including claims for returns or refunds) with other users directly.
Disputes with us: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
SEVERANCE
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
JURISDICTION
Your use of our Platform and these Terms are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria, Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Platform may be accessed throughout Australia and overseas. We make no representation that our Platform complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Platform from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Platform.
For any questions and notices, please contact us at:
Specialist Booking Pty Ltd (www.specialistbooking.com)
Email: [email protected]