Terms and Conditions

Welcome to [Aloha Telehealth]! We provide a web-based platform (Platform) where you can receive telehealth services and obtain consultations with an Australian registered medical practitioner (Doctor).

In these Terms, when we say you or your, we mean both you and any entity you are authorised to represent (such as your employer). When we say we, us, or our, we mean Diku Medical Pty Ltd (ACN 677 599 094). 

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

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

For questions about these Terms, or to get in touch with us, please email: [info@alohatelehealth.com.au].

OUR DISCLAIMER 

OUR DISCLOSURES

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

• our privacy policy (on our website) which sets out how we will handle your personal information;
• clause 1.3 (Variations) which sets out how we may amend these Terms;
• clause 5 sets out our Cancellation Policy; and
• clause 15 (Liability) which sets out exclusions and limitations to our liability under these Terms. 

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

1. Engagement and Term

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

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

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

2. Our Services

   1. Our Services include providing you with access to the Platform, any consultations with a Doctor (where required) and writing scripts in our discretion. 

   2. Additional Services: If you require additional services, we may, in our sole discretion, provide such additional services (to be scoped and priced in a separate contract provided by us.

3. Account 

   1. You must sign up for an Account in order to access and use our Platform.

   2. While you have an Account with us, you agree to:

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

      2. keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and

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

4. Booking a Consultation
   1. You may book a consultation with a Doctor on the Platform by completing the Consultation Form (Booking Request).
   2. You must provide us with all information required in the Consultation Form, including your name, contact numbers, email address, medical conditions and Medicare number. All personal information you provide to us will be treatment in accordance with our Privacy Policy.
   3. Upon full payment of the fee outlined on the Platform (Price), your Booking Request will be confirmed and will become a Booking at which point we will send you a confirmation email with the details of the Booking. It is your responsibility to check the details in the email.
   4. If your Booking is placed on a waitlist, we will provide in the booking details an approximate time for your consultation. You will receive a text message approximately 15 minutes before the Booking and three telephone calls approximately one hour apart at the time of your Booking and thereafter. If you do not answer any of the telephone calls, this will be considered a cancellation and clause 5 will apply.
5. Cancellation Policy
   1. You may cancel your Booking at any time by emailing us, identifying your Booking and requesting cancellation of your Booking. Your Booking will not be cancelled until we provide confirmation of the cancellation of your Booking in writing.
   2. Where you cancel your Booking:

      1. more than 24 hours before the time of your Booking, the Price paid for the Booking will be refunded to you; and

      2. less than 24 hours before the time of your Booking, we reserve the right to charge you the full Price for the Services and you will not be entitled to a refund for the Price. 

   3. Our Cancellation: Due to unforeseen circumstances, you acknowledge and agree that we or the Doctor may need to reschedule the date of your Consultation. Where we need to reschedule a Consultation, we will notify you at our earliest convenience and we will reschedule at a time to be agreed between the Parties. If the Parties cannot agree to a new Booking time, we will refund you the Price.
6. Medicine Prescriptions

   1. The decision to prescribe any medications rests entirely with the Doctor, based on their professional judgement and in consideration of your health conditions and medical history. This is to ensure prescriptions are appropriate and safe for you to use. If the Doctor determines that a medication is not suitable or necessary for your treatment, they have the right to not prescribe it. 

   2. We will send any scripts directly to a pharmacy on your behalf. The pharmacy will be responsible for delivering the products to you. If you require the script is sent to a different pharmacy, we will send it directly to you by email to the email set out on your Account, an administration fee may apply as set out on the Platform. You are responsible for ensuring the email information on your Account is correct.

   3. If you require your script to be refilled, you must contact us. We may request that you make a further Booking in our absolute discretion. 

7. Payments

   1. You must pay all amounts due under these Terms in accordance with these Terms or as set out on our Platform (as applicable).

   2. You must not pay, or attempt to pay, any fees due under these Terms or as a result of your use of our Services by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third-party payment processor to debit your bank account, and you confirm that you are either the holder or an authorised[MOU3] [LV4]  signatory of that bank account. If you choose to pay the fees using a third-party payment processor, you may need to accept their terms and conditions (if this is the case, these will be set out on our Platform). We may charge additional service fees to cover the cost of the third-party payment processor, gateway fees, terminal fees or fraud prevention costs.

   3. Late Payments: If any fees due under these Terms or as a result of your use of our Services are not paid on time, we may:

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

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

   4. 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).

8. Your Obligations

   1. You agree to: 

      1. comply with these Terms, all applicable Laws, and our reasonable requests; 

      2. provide us with all documentation, information, instructions, cooperation and access reasonably necessary to enable us to provide the Services; 

      3. ensure that all information and documentation that you provide to us in connection with the Terms is true, correct and complete; and 

      4. not (or not attempt to) disclose, or provide access to, the Services to third parties without our prior written consent. 

   2. You agree to pay our additional costs reasonably incurred as a result of you failing to comply with this clause. 

9. Privacy Collection Notice

   1. We collect personal information (including sensitive information) from you so that we can provide our services to you, answer any enquires you submit to us, deliver our Services to you and for the purposes otherwise set out in our privacy policy, available at: [www.alohatelehealth.com.au]. Please let us know if you have any questions regarding our Privacy Policy.

   2. We may disclose this personal information (including sensitive information) to third parties, including our employees, contractors and related entities, third party medical practitioners with whom you have made a Booking with, third party service providers that provide their services to us (including IT service providers, marketing and advertising providers and website analytics suppliers), if we are required to disclose personal information by law and as otherwise set out in our privacy policy. Where we disclose your personal information to third parties listed in our privacy policy, these third parties may store, transfer or access personal information outside of Australia. If you do not provide your personal information (including sensitive information) to us, you may not be able to use all of the features on our website and we may not be able to provide the Services to you.

   3. Our Privacy Policy describes further how we collect, store, use and disclose your personal information. It also describes how you can access and correct your personal information (including sensitive information), how you can make a privacy-related complaint and our complaint-handling process.

   4. By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information (including sensitive information) in accordance with our Privacy Policy.

10. Platform Licence

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

    2. You must not:

1. access or use our Platform in any way that is improper or breaches any laws, infringes any person's rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability;  
2. interfere with or interrupt the supply of our Platform, or any other person’s access to or use of our Platform;  
3. introduce any viruses or other malicious software code into our Platform;  
4. use any unauthorised or modified version of our Platform, including but not limited to for the purpose of building similar or competitive software or for the purpose of obtaining unauthorised access to our Platform;
5. attempt to access any data or log into any server or account that you are not expressly authorised to access;  
6. use our Platform in any way that involves service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single user login, or time-sharing;
7. circumvent user authentication or security of any of our networks, accounts or hosts or those of any third party; or 
8. access or use our Platform to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.

1. Availability, Disruption and Downtime

   1. 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.

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

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

2. Intellectual Property and Data

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

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

Your Data

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

   1. supply our Services to you (for example, to enable you to access and use our Services), and otherwise perform our obligations under these Terms;

   2. diagnose problems with our Services;

   3. improve, develop and protect our Services;

   4. send you information we think may be of interest to you based on your marketing preferences;

   5. perform analytics for the purpose of remedying bugs or issues with our Platform; or

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

2. You acknowledge and agree that because of the nature of the internet, the processing and transmission of Your Data by us may occur over various networks.

3. You are responsible for (meaning we are not liable for):

   1. the integrity of Your Data on your systems, networks or any device controlled by you; and

   2. backing up Your Data.

4. 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.

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

1. Confidential Information and Personal Information

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

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

   3. We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on our website, and applicable privacy laws.

   4. You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent).

   5. 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).

   6. 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.

2. Consumer Law Rights

   1. In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms. 

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

   3. If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)). If our Platform is not ordinarily used for personal, household or domestic use, our liability for a breach of your Consumer Law Rights is limited to either resupplying our Services, or paying the cost of having our Services resupplied.

3. Liability

   1. To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with:  

      1. you not providing us with correct and complete current health and medical information; 
      2. your failure to follow any reasonable instructions provided to you by us; 
      3. any event outside of our reasonable control;
      4. your computing environment (for example, your hardware, software, information technology and telecommunications services and systems); or
      5. any use of our Services by a person or entity other than you.  

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

1. neither we or you are liable for any Consequential Loss; 
2. a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate its loss; 
3. (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 the Services again or paying the cost of having the Services supplied again; and
4. our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to the fees paid by you to us in respect of the supply of the relevant Services to which the Liability relate.  

1. Suspension and Termination

   1. We may terminate these Terms (meaning you will lose access to our Services) if:

      1. you breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;

      2. you breach these Terms and that breach cannot be remedied; or

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

   2. You may terminate these Terms if:

      1. we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or

      2. we breach these Terms and that breach cannot be remedied.

   3. You may also terminate these Terms at any time by notifying us through your Account or to our email for notices (as set out in clause 17.8), and termination will take effect immediately.

   4. Upon termination of these Terms, we will retain Your Data (including copies) as required by law or regulatory requirements.

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

2. General 

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

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

If the Dispute is not resolved at that initial meeting:

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

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

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

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

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

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

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

8. Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address registered against your Account.

9. Survival: Clauses 13 to 18 will survive the termination or expiry of these Terms.

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

1. Definitions 

   1. In these Terms:

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

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

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.

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 that we provide you with access to as part of the Services.

Services means the services we provide to you, as detailed in clause 2.1.

Your Data means the information, materials, logos, documents, qualifications and other intellectual property or data supplied by you 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.