Terms and Conditions
WEBSITE TERMS AND CONDITIONS OF USE
1. About the Website
(a) Welcome to Chronictherapy.com.au (the 'Website'). The Website is telemedicine platform that facilitates audio-visual consultations between you and third-party Independent Australian registered Practitioners (the 'Services').
(b) The Website is operated by Chronic Therapy Pty. Ltd ACN 647 435 103. Access to and use of the Website, or any of its associated Software or Services, is provided by Chronic Therapy Pty. Ltd. Please read these terms and conditions (the 'Terms ') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
(c) Chronic Therapy Pty. Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Chronic Therapy Pty. Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Our Services
(a) Chronic Therapy is a platform that facilitates medical consultations via audio visual conference with third party Independent Australian registered Practitioners.
(b) You will complete medical questionnaires and submit a GP referral form prior to your medical consultation with a Doctor via the Platform. This Doctor will consider your medical history and examine your suitability for a variety of treatments. The Consultations are conducted via telemedicine (i.e. audio visual consultations) and therefore our consultations are not physical examinations like when you visit a Doctor in person.
(c) Chronic Therapy is not used for emergency or life-threatening conditions, injuries or illnesses. Please call 000 if you require emergency assistance.
(d) Some conditions and circumstances may not be appropriate for Consultations. Doctors will determine this on a case-by-case basis and is at the Doctor’s absolute discretion. You agree to contact your primary physician or doctor immediately should your condition change or your symptoms worsen.
3. Acceptance of the Terms
(a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Chronic Therapy Pty. Ltd in the user interface.
(b) You accept and agree that a Consultation with a Doctor via the Platform does not guarantee a prescription of any medication, even if the pre-screening questionnaire has determined you to be suitable.
(c) You accept and agree that the Doctors will screen you and only provide you with a treatment plan if its medically appropriate and the doctor believes that it is a treatment option available to you.
4. Registration to use the Services
(a) To access the Services, you must first Agree to the Terms and create an Account, either through the Pre-Screening Questionnaire or when booking the Consultation.
(b) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(i)Full Legal Name
(ii) Date of Birth
(v) Medicare Number and Expiry Date
(vi) Individual Reference Number
(vii) Individual Healthcare Identifier number
(viii) Email address
(ix) Username and Password to access the Platform
(x) Mobile Number
(xi) Mailing address
(xii) Medical Questionnaire including Medical History and Medical Information including GP referral forms, images and diagnostic information
(xiii) Medical Consultation notes and Prescriptions for you
(xiv) Records of communications between us
(c) All Information that you give in section 3b will be encrypted and held safe and securely in Medirecords or other alternative software.
(d) You warrant that any information you give to Chronic Therapy Pty. Ltd in the course of completing the registration process will always be accurate, correct and up to date.
(e) Once you have completed the registration process, you will be a registered member of the Website ('Member ') and agree to be bound by the Terms.
(f) You may not use the Services and may not accept the Terms if:
(i)you are not of legal age to form a binding contract with Chronic Therapy Pty. Ltd; or
(ii)you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
(g) Any patient has the right to request their personal and medical information to be deleted from the website and any software used by the website to store patent details. To do so, please send an email request to firstname.lastname@example.org with your full name.
5. Your obligations as a Member
(a) As a Member, you agree to comply with the following:
(i)you will use the Services only for purposes that are permitted by:
(A) the Terms; and
(B) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(ii) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(iii) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Chronic Therapy Pty. Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(iv) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Chronic Therapy Pty. Ltd providing the Services;
(v) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Chronic Therapy Pty. Ltd;
(vi) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Chronic Therapy Pty. Ltd for any illegal or unauthorised use of the Website; and
(viii) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
(ix) You agree not to send or post any unsolicited messages or any offensive, inflammatory, defamatory, threatening, abusive, hateful, racist, obscene, fraudulent, deceptive or otherwise unlawful information.
(a)Where the option is given to you, you may make payment for the Services (the 'Services Fee') by way of:
(i) Credit Card Payment ('Credit Card')
7.Copyright and Intellectual Property
(a) The Website, the Services and all of the related products of Chronic Therapy Pty. Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Chronic Therapy Pty. Ltd or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Chronic Therapy Pty. Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(i) use the Website pursuant to the Terms;
(ii)copy and store the Website and the material contained in the Website in your device's cache memory; and
(iii)print pages from the Website for your own personal and non-commercial use
Chronic Therapy Pty. Ltd does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Chronic Therapy Pty. Ltd.
(c) Chronic Therapy Pty. Ltd retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(i)business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process) to you.
(d) You may not, without the prior written permission of Chronic Therapy Pty. Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain
(b) Any Patient may request a copy of our My Health Record Security and Access Policy by emailing a request to email@example.com.
9. General Disclaimer
(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(b) Subject to this clause, and to the extent permitted by law:
(i)all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(ii)Chronic Therapy Pty. Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Chronic Therapy Pty. Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Chronic Therapy Pty. Ltd) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i)failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii)the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(iii)costs incurred as a result of you using the Website, the Services or any of the products of Chronic Therapy Pty. Ltd; and
(iv)the Services or operation in respect to links which are provided for your convenience
(d) The Platform (including material on the Platform) are made available to you on an "as is" and "as available" basis and at your own risk. To the maximum extent permitted by law, Chronic Therapy make no representation, provide no express warranty or guarantee, and exclude all liability and any implied warranties (whether implied by statute or otherwise).
(e) Chronic Therapy can make changes to any part of this Site or any content on it (subject to express right set out in these terms) without your consent or providing notice to you.
(f) Chronic Therapy, Medicare, Private Health Insurance and other benefits make no representations or warranties regarding any benefits, compensation or reimbursements which you may be entitled to in relation to utilisation of this Site and any goods or services provided in connection with, or referred to in, this Site (including without limitation any private health insurance or Medicare benefits you may be entitled to). You should seek independent advice regarding any benefits or entitlements you may be entitled to from a qualified third party or directly from the provider of those benefits or entitlements.
10. Limitation of liability
(a) Chronic Therapy Pty. Ltd's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
(b) Chronic Therapy is a platform to connect Patients with Australian registered Practitioners. Chronic Therapy is not liable for any medical advice provided to Patients by the Practitioners.
(c) Any Patient prescribed a medication through the platform will be issued with an electronic prescription. The Patient has the option to purchase the prescribed medication at a pharmacy of their choosing, or if the Patient wishes, Chronic Therapy can arrange for the Patient’s medication to be dispensed and dispatched by Pittwater Pharmacy. If a Patient selects to purchase medications through Pittwater Pharmacy, the medication will at no times be in the possession of Chronic Therapy (i.e. medication will either be in possession of the Pharmacy or the Patient). Chronic Therapy cannot guarantee the quality of the medication or the delivery of the medication. At no times will Chronic Therapy be liable for any issues relating to the medication dispended by Pittwater Pharmacy. For any issues in relation to your medication please email firstname.lastname@example.org or call 1300 493 333.
(d) You expressly understand and agree that Chronic Therapy Pty. Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
11. Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by Chronic Therapy Pty. Ltd as set out below.
(b) If you want to terminate the Terms, you may do so by:
(i)providing Chronic Therapy Pty. Ltd with your notice of your intention to terminate; and
(ii)closing your accounts for all of the services which you use, where Chronic Therapy Pty. Ltd has made this option available to you.
Your notice should be sent, in writing, to Chronic Therapy Pty. Ltd via the 'Contact Us' link on our homepage, via email email@example.com or via Live Chat in our website.
(c) Chronic Therapy Pty. Ltd may at any time, terminate the Terms with you if:
(i)you have breached any provision of the Terms or intend to breach any provision;
(ii)Chronic Therapy Pty. Ltd is required to do so by law;
(iii)the provision of the Services to you by Chronic Therapy Pty. Ltd is, in the opinion of Chronic Therapy Pty. Ltd, no longer commercially viable.
(d) Subject to local applicable laws, Chronic Therapy Pty. Ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Chronic Therapy Pty. Ltd's name or reputation or violates the rights of those of another party.
(a) You agree to indemnify Chronic Therapy Pty. Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i)all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(ii)any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(iii)any breach of the Terms
(b) Termination of Mediation:
If 28 days has lapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
13. Venue and Jurisdiction
(a) The Services offered by Chronic Therapy Pty. Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
14. Governing Law
(a) The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
15. Independent Legal Advice
(a) Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
(a) If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.