Patient Marketplace Terms & Condition
- Severe chest pain
- Heart attack
- Loss of consciousness
- Severe bleeding
- Breathing difficulty
- make bookings and then to consult with a Healthcare Provider on their mobile device or computer;
- obtain prescriptions, medical certificates and referrals from a Healthcare Provider;
- order medication and repeat prescriptions from Pharmacies to be collected by or delivered to the Patient;
- consult with a Healthcare Provider via a mobile medical clinic located in a Pharmacy; and
- ask health questions to Healthcare Providers and schedule medication reminders.
- These Terms and Conditions (
Terms) form a binding legal agreement between Doctoroo and each Healthcare Provider using the Site, App and Services. By accessing and using the Site, the App and the Services, each Healthcare Provider agrees to comply with and be legally bound by these Terms. Please read the Terms carefully. If there are any questions, please contact Doctoroo using the contact details at the end of these Terms.
- The Patient’s use of the Site, the App and the Services indicates that the Patient:
- has had sufficient opportunity to access the Terms and contact Doctoroo;
- has read, accepted and will comply with the Terms;
- is 18 years or older or, if younger than 18 years, the Patient must request their parent or guardian to create an account in the parent or guardian’s name and register the minor as a “Family member”. These Terms will be binding on the registered parent or guardian and they accept responsibility for all activity on their Account. A minor must not use the Services without the approval and presence of the registered parent or guardian account holder.
- If this is not correct, or if the Patient does not agree to these Terms, the Patient is not permitted to use any of the Services.
- Doctoroo may amend these Terms at any time without notice. Use of our Services following any such amendments will be deemed to be confirmation that the Healthcare Provider accepts those amendments. Doctoroo recommends that each Healthcare Provider check the current Terms, before continuing use of the Services. Only Doctoroo’s authorised agents, employees and third parties have authority to change the Terms
- These Terms supplement and incorporate:
- the Stripe Australia Terms of Service including, without limitation, the Stripe Services Agreement;
- the Apple, Inc. Terms and Conditions including, without limitation, the Licensed Application End User License Agreement provided therein;
- the Android, Google Inc. Terms and Conditions including, without limitation, the License Agreement and Terms of Application;
- the Delivery Click & Collect Terms and Conditions;
- all terms and conditions and privacy policies of all API’s and third party software that are integrated into or within the Site or App or in any way used to provide our Services to you.
- The Doctoroo platform does not provide healthcare services itself and takes no part in your medical diagnosis and/or treatment. By accessing or using the Site, you acknowledge that Healthcare Providers and Pharmacies are not employees, contractors, partners or agents of Doctoroo. Doctoroo’s responsibilities are limited to facilitating the availability of the Site, the App and the Services.
- Any arrangement between a Patient and a Healthcare Provider or Pharmacy is solely between the Patient and Healthcare Provider or Pharmacy. It is strictly and expressly not part of the User’s agreement with Doctoroo.
- Doctoroo has no control over the conduct of Patients, Healthcare Providers or Pharmacies and any other user of the Site, the App and the Services. Doctoroo disclaims all liability in this regard, as set out in these Terms.
Healthcare Provider consultations:Patients can enter the details of their healthcare needs on the App or Site and they will be provided with a list of Healthcare Providers and their availabilities. Patients will request a consultation with the Healthcare Provider of their choice. The Healthcare Provider will confirm or reject the consultation request. If necessary, Patients can reschedule and cancel consultations. At the time of the scheduled consultation, the Healthcare Provider will contact the Patient via the App or Site and provide the virtual consultation. If appropriate, Healthcare Providers may provide Patients with prescriptions, medical certificates, referrals or other documentation to be sent to the Patient through the Doctoroo platform communication channel or available in the Patient’s account.
Pharmacy Services:Patients may use Doctoroo to request Pharmacies to fulfil prescriptions and to process their orders as required. Patients can either order their prescription, medication or other pharmaceutical products online and collect the medication from the relevant Pharmacy or request delivery of their medication or other pharmaceutical products in accordance with the Delivery Click & Collect Terms and Conditions. Patients may also use “healthhubs” in participating Pharmacies to book and attend consultations with Healthcare Providers.
Other Doctoroo Services:Patients may use Doctoroo to ask initial, non-emergency, general health questions and to receive an answer from a Healthcare Provider or to schedule medication reminders to be sent to them as well as any other services which may be added with further upgrades to the Site and App.
- Each Patient may only have one (1)
Accounton the Site and App. Patient information is required when registering on the Site for an Account including name, email address, phone number, address and other required information.
- Each Patient agrees to provide accurate, current and complete information during the registration and approval process as well as throughout the term of use of Doctoroo by the Patient including during consultations with Healthcare Providers and to update such information to keep it accurate, current and complete. Doctoroo reserves the right to suspend or terminate any Patient’s Account and his/her access to the Site, App and Services if any information provided to Doctoroo proves to be inaccurate, not current or incomplete.
- Patients authorise Doctoroo to display information relating to them for marketing purposes including to allow Patients to search and book them through the Site.
- It is the Patient’s responsibility to keep its Account details, username and password confidential. The Patient is liable for all activity on its Account. The Patient agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions.
- The Patient will immediately notify Doctoroo of any unauthorised use of its Account.
- Patients may add family members under the age of 18 to their Account and but must not share their login details with these family members. The Patient who holds the Account must be present at all times while a family member is using the Services.
- Each Patient should report to Doctoroo, any activities or requests of Users which are, or which the Patient reasonably believes to be:
- illegal; or
- likely to have a negative effect on the reputation of Doctoroo, the Site, the App, Services and/or a User.
- Each Patient acknowledges and agrees that while the Site allows Users to communicate with each other in certain respects, Patients are not permitted to share the contact information of other Users.
- Each Patient represents and warrants that any content that it provides or posts:
- will not breach any agreements it has entered into with any third parties;
- will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Patient in its local area and country; and
- will not conflict with the rights of third parties.
- For the avoidance of doubt, Doctoroo assumes no responsibility for a Patient’s compliance with any applicable laws, rules and regulations.
- Patients must pay all costs relating to their use of Doctoroo (including internet costs and computer costs).
- Doctoroo reserves the right, at any time and without prior notice, to remove or disable access to any Account for any reason, including Accounts that Doctoroo, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, the App or Services.
- Users acknowledge that they will not record video of any Services without written consent from both Doctoroo and the relevant Healthcare Provider.
- Any medical history a Patient provides via Doctoroo or to their Healthcare Provider should be complete and accurate, failure to do so could result in misdiagnosis.
- For the purposes of the Services, the Patient gives their express consent for Healthcare Providers they have booked or may book in the future or an alternative Healthcare Provider that is available to:
- conduct a consultation and collect all information required to be able to diagnose and/or provide treatment options; and
- access their medical records, history, any uploaded images, documents, previous consultations and all data available within their Account.
- The Patient also provides consent to Pharmacies to review their medical history for the purpose of checking any allergies or reactions with medications and other dispensing requirements.
- Patients have the right to refuse consent to any party by notifying them directly.
- The Site and App has a blog and question facility on which Users are able to communicate or ask Healthcare Providers questions.
- Doctoroo asks Patients to limit their questions to topics which are relevant to Doctoroo’s Site, App and Services.
- Doctoroo reserves the right to remove any posts or answers by Patients which Doctoroo, at its sole discretion, deems to be inappropriate.
- Patients acknowledge and agree that they are not permitted to post posts or provide answers which contain foul language, illegal material, defamatory comments, business advertisements, spam, religious debates, comments which incite fear, and/or any form of abuse, insults or personal attacks.
- Patients do not have to pay a fee to register for an Account or to access and use the Site.
- Patients are required to pay the fees as set out on the Site and App.
- Goods and Services Tax (
GST) will be charged where applicable.
- The Patient must not pay, or attempt to pay, for the Services through any fraudulent or unlawful means.
- In the absence of fraud or mistake, all payments made are final and the Patient shall not have the right to cancel its purchase for any reason and further each Patient agrees to satisfy all such payments made, with exception to action taken under the Refund Policy set out in these Terms.
- If the Patient makes a payment by debit or credit card, the Patient warrants that the information provided to Doctoroo is true, accurate and complete, that the Patient is authorised to use the debit or credit card to make the payment, that the payment will be honoured by the card issuer, and that the Patient will maintain sufficient funds in the account to cover the purchase price.
- Nothing prevents Doctoroo from taking any action necessary to recover any unpaid fees. If the Patient fails to pay, the Patient’s information will be passed on for collection and or legal action. The Patient acknowledges and agrees that it is liable for and will pay all costs including debt collection, commission, solicitor’s fees and any out of pocket expense. If the Patient at any time exceeds Doctoroo’s payment terms and as a result are passed on for collection and or legal action, Doctoroo may place a default against the Patient with a credit reporting agency.
- Doctoroo’s pricing structure or payment methods may be amended from time to time at its sole discretion. After a pricing change, each Patient has the choice to continue using the Site and App, or to cease to use the Site or App without penalty.
- Doctoroo may, from time to time, make offers or promotions which may be applicable to the Services.
- The conditions of such offers or promotions will be specified on the Site or App.
- The Patient acknowledges and agrees that Doctoroo may, at its sole discretion, remove or extend any offers or promotions, and Doctoroo will not be responsible or liable for any potential loss or damage which the Patient incurs as a result of the removal or extension of any offers or promotions.
- By using our Site, App and Services, each Patient agrees that any legal remedy or liability that he or she may seek to obtain for actions or omissions of a Patient, Healthcare Provider, Pharmacy, or other third party, will be limited to a claim against the Healthcare Provider, Patient, Pharmacy or other third party, who caused harm to him or her. Doctoroo encourages Users to communicate directly with the relevant Healthcare Provider, Patient, Pharmacy or third party to resolve any disputes.
- Doctoroo provides an online dispute resolution process for Patients, Healthcare Providers and Pharmacies. Relevant parties will have the opportunity to provide evidence and documentation to prove their claim and Doctoroo may make determinations at its sole discretion. Any Doctoroo decision will be final.
- Doctoroo welcomes feedback from Patients. Doctoroo seeks to resolve concerns quickly and effectively. If any Patient has any feedback or questions about the Services, please submit your feedback via the feedback or review pages in your Account or contact Doctoroo at the email at the end of these Terms.
- If there are any complaints from a Patient, Doctoroo will aim to respond and provide a suitable solution within 45 days. If a Patient is not satisfied with Doctoroo’s response, the Patient and Doctoroo agree to the following dispute resolution procedure:
- The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Patient and Doctoroo agree to meet in good faith to seek to resolve the dispute by agreement between them (
- If a resolution cannot be agreed upon at the Initial Meeting, either the Patient or Doctoroo may refer the matter to a mediator. If the Patient and Doctoroo cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time and place for mediation. Each party to the dispute must attend the mediation in good faith, to seek to resolve the dispute.
- The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Patient and Doctoroo agree to meet in good faith to seek to resolve the dispute by agreement between them (
- Any attempts made by a party to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of either party under these Terms, by law or in equity.
- If a Patient wishes to cancel its registration, it will need to do so in writing by contacting us at the email address at the bottom of these Terms.
- No refunds will be made upon cancellation except as specified in the Refund Policy set out in these Terms
- Certain legislation including the Australian Consumer Law (
ACL) in theCompetition and Consumer Act 2010(Cth), and similar consumer protection laws and regulations may confer the Patient with rights, warranties, guarantees and remedies relating to the provision of Services by Doctoroo to the Patient which cannot be excluded, restricted or modified (Statutory Rights).
- If the Patient is a consumer as defined in the ACL, the following notice applies to the Patient from Doctoroo: “Doctoroo guarantees that the Services supplied to the Patient are rendered with due care and skill; fit for the purpose that Doctoroo advertises, or that the Patient has told Doctoroo he, she or it is acquiring the Services for or for a result which the Patient has told Doctoroo he, she or it wishes the Services to achieve, unless Doctoroo considers and discloses that this purpose is not achievable; and will be supplied within a reasonable time. To the extent Doctoroo is unable to exclude liability; Doctoroo’s total liability for loss or damage suffered or incurred by the Patient from the Services is limited to Doctoroo re-supplying the Services to the Patient, or, at Doctoroo’s option, Doctoroo refunding to the Patient the amount he, she or it has paid Doctoroo for the Services to which his, her or its claim relates.”
- Nothing in these Terms excludes a Patient’s Statutory Rights as a consumer under the ACL. Each Patient agrees that Doctoroo’s liability for Services provided to Patients who are defined as consumers is governed solely by the ACL and these Terms.
- Doctoroo excludes all conditions and warranties implied by custom, law or statute except for the Patient’s Statutory Rights. Except for the Patient’s Statutory Rights, all material and work is provided to the Patient without warranties of any kind, either express or implied, and Doctoroo expressly disclaims all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
- Doctoroo will provide refunds as required under the Australian Consumer Law.
- Patients may cancel or reschedule confirmed consultations with Patients up to one hour prior to the schedule start of the consultation or unconfirmed consultations without cancellation fee. If a Patient cancels or reschedules within one hour of the scheduled confirmed consultation, the booking fee for the consultation will be forfeited. If a Healthcare Provider misses a scheduled consultation by more than 15 minutes, the Patient will be entitled to refund of the booking fee.
- All logos, slogans, content, designs, diagrams, drawings, graphics, images, layouts, appearance, videos, ideas, methods, databases, codes, algorithms, software, fees, pricing, notes, documents, domain names, confidential information, copyright, rights in circuit layouts (or similar rights), registered or unregistered trade marks, trade names, patent, know-how, trade secrets and any other intellectual or industrial property whether such rights are capable of being registered or not (collectively
Intellectual Property), including but not limited to copyright which subsists in all creative and literary works displayed on the Site, the App and Services, the layout, appearance and look of the Site and App, together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world, whether created before or after the date of these Terms and whether used or contained in the Site or App is owned, controlled or licensed to Doctoroo (or its affiliates and/or third party licensors as applicable).
- The User agrees that, as between the User and Doctoroo, Doctoroo owns or holds the relevant licence to all Intellectual Property rights in the Site, the App and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property. The Intellectual Property, Site, App and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary or industrial rights whether such rights are capable of being registered or not, and also may have security components that protect digital information only as authorised by Doctoroo or the owner of the content.
- Some Intellectual Property used in connection with the Site, App and Services are the trademarks of their respective owners (collectively Third Party Marks).
- Doctoroo’s Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Doctoroo or the applicable trademark holder or Intellectual Property owner.
- Users of the Site and App do not obtain any interest or licence in the Intellectual Property or Third Party Marks without the prior written permission of Doctoroo or the applicable Intellectual Property owner. Users may not do anything which interferes with or breaches the Intellectual Property rights.
- Subject to these Terms, Doctoroo grants the User a personal, non-exclusive, non-transferable, limited and revocable licence to use the Site, App and Services for its own personal and/or non-commercial use only on a computer or mobile device owned, controlled or borrowed by the User as permitted in accordance with these Terms (
User Licence), and not to use the Site, App and Services in any other way or for any other purpose, apart from local fair dealing legislation in accordance with theCopyright Act 1968(Cth). All other uses are prohibited without Doctoroo’s prior written consent.
- The right to use the Site, App and Services is licensed to the User and not being sold to the User. A User has no rights in the Site, App and Services other than to use it in accordance with these Terms.
- This Agreement and User Licence governs any updates to, or supplements or replacements for the Site, App and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.
- The Patient will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, App and Services, or Intellectual Property.
- The Patient is solely responsible for compliance with any and all laws, rules, regulations, including but not limited to tax obligations that may apply to its use of the Site, App and Services.
- The Patient must not post, upload, publish, submit or transmit any content that:
- infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- is fraudulent, false, misleading or deceptive;
- denigrates Doctoroo, the Site, the App, Services, Patients, Healthcare Providers or Pharmacies;
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- is violent or threatening or promotes violence or actions that are threatening to any other person; or
- promotes illegal or harmful activities or substances.
- In connection with the Patient’s use of the Site, App and Services, the Patient may not and agrees that he or she will not:
- use the Site, App or Services for any commercial or other purposes that are not expressly permitted by these Terms;
- register for more than one Account or register for an Account impersonating another individual and/or entity;
- use the Services to find a Healthcare Provider and then complete, or assist another individual to complete, the booking for a consultation or transaction independent of the Services in order to circumvent the obligation to pay any fees related to Doctoroo’s provision of the Services;
- post any material or upload any content (including but not limited to User Content) that is offensive, contains nudity or inappropriate language, contains racial or religious ranting or discrimination or defames a Healthcare Provider, Patient or Pharmacy;
- submit any false or misleading information;
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
- copy, store or otherwise access any information contained on the Site, App and Services or content for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- use the Site, App or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use the Site, App or Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;
- stalk or harass any other User of the Services or collect or store any personally identifiable information about any other User other than for purposes of transacting as a User on the Site or App;
- use, display, mirror or frame the Site or App, or any individual element within the Site or App, Services, Doctoroo’s name, any Doctoroo trademark, logo or other Intellectual Property, information, or the layout and design of any page or form contained on a page, without Doctoroo’s express written consent; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
- Users are permitted to post, upload, publish, submit or transmit relevant information and content (
User Content). By making available any User Content or any Intellectual Property on or through the Site, App and Services, the User grants to Doctoroo a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content and Intellectual Property, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content and Intellectual Property on, through, or by means of the Site, App and Services.
- The User agrees that it is solely responsible for all User Content and Intellectual Property that it makes available through the Site, App and Services. The User represents and warrants that:
- it is either the sole and exclusive owner of all User Content and Intellectual Property that it makes available through the Site, App and Services, or that it has all rights, licences, consents and releases that are necessary to grant to Doctoroo the rights in such User Content or Intellectual Property, as contemplated under these Terms; and
- neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or Doctoroo’s use of the User Content (or any portion thereof) on, through or by means of the Site, App and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- Doctoroo may at its sole discretion remove any User Content that is offensive or in breach of these Terms.
- Doctoroo does not guarantee that healthcare, prescription fulfilment or other services will be requested by any Patients, nor does Doctoroo guarantee that Patients will be able to find desirable Healthcare Providers or Pharmacies.
- Doctoroo does not endorse any Healthcare Provider, Pharmacy or Patient. Doctoroo requires Healthcare Providers and Pharmacies to confirm that they have provided accurate information. Doctoroo performs some background searches on Healthcare Providers but cannot be held responsible for any inaccurate or false information provided by a Healthcare Provider.
- Users acknowledge that Doctoroo is designed for English speaking users and Doctoroo is not responsible for any language misunderstandings during the Services. Although some Healthcare Providers may claim to speak a language other than English, Doctoroo makes no representations or warranties in relation to their proficiency.
- Doctoroo accepts no responsibility for and makes no representations or warranties to any User or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the Site or the App. Doctoroo disclaims any and all liability related to any and all Patients, Healthcare Providers, Pharmacies and any related services.
- By using the Site, App or Services, each User agrees that any legal remedy or liability that it seeks to obtain for actions or omissions of Healthcare Providers, Patients, Pharmacies or other third parties will be limited to a claim against the Healthcare Providers, Patients, Pharmacy or other third party who caused it harm.
- To the fullest extent allowable under applicable law, Doctoroo disclaims all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Site, App or Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors.
- For the avoidance of doubt, Doctoroo is not responsible for any duties, fees, taxation, visa or immigration matters associated under these Terms. Doctoroo advises that all Patients using the Site, App and Services should seek advice in relation to these matters.
- Each Healthcare Providers, Patients, Pharmacy who uses the Site, App and the Services does so at their own risk.
- Doctoroo excludes all express and implied conditions and warranties, except for the Patient’s Statutory Rights, to the fullest extent permitted by law, including but not limited to:
- Doctoroo expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;
- Doctoroo does not warrant that the Site, the App, the Services, content on the Site or App (including pictures, videos, sound clips, resumes, links etc.), or the Patient’s access to the Site, the App or the Services will be error free, that any defects will be corrected or that the Site, the App or the server which stores and transmits material to the Patient is free of viruses or any other harmful components;
- Doctoroo takes no responsibility for, and will not be liable for, the Site, the App, the Services, the Healthcare Providers, Pharmacies, Patients or related services being unavailable, of a particular standard of workmanship, failing to meet the relevant User’s needs, or being of less than merchantable quality; and
- Doctoroo will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal, bodily injury, death or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on the Patient’s information systems or costs of replacement goods, or otherwise, suffered by the Patient or claims made against the Patient, arising out of or in connection with the Site, the App, Services, content on the Site or App, inability to access or use the Site, the App, the Services, any healthcare services or the Terms, even if Doctoroo was expressly advised of the likelihood of such loss or damage.
- Doctoroo provides the Site and App on an “as-is” basis, and makes no guarantee and holds the exclusive and complete right and discretion to alter, stop, remove, temporarily or indefinitely, any feature, functionality or purpose of the Site, App or Services, at any time, and without any notice.
- Patients should always seek the advice of a doctor or other qualified healthcare provider regarding any medical concerns including before starting, stopping or modifying any treatment or medication notwithstanding any advice or content received or read via Doctoroo.
- Any content on Doctoroo (including blogs, emails, newsletter or any other form of communication from Doctoroo) is solely for the purpose of general reference only, and does not constitute comprehensive medical information or knowledge or specific advice for your particular health condition, and may not include all potential information on the matter. Any content may contain errors, omissions or inaccuracies, be outdated, unreliable or incomplete, and Doctoroo is not liable for any damage, harm or loss caused by the use of, lack of, visibility to or otherwise existence of such information or content and your action or inaction relating to such content. Such information may be compiled from a variety of sources.
- The Patient agrees not to attempt to impose liability on, or seek any legal remedy from Doctoroo with respect to such actions or omissions.
- (a)To the extent permitted by law, Doctoroo’s total liability arising out of or in connection with the Site, the App, the Services or the Terms, however arising, including under contract, tort, negligence, in equity, under statute or otherwise, is limited to Doctoroo re-supplying the Services to the Patient, or, at Doctoroo’s option, Doctoroo refunding to the Patient the amount it paid for the Services to which its claim relates. Doctoroo’s total liability to the Patient for all damages in connection with the Services will not exceed the price paid by the Patient under these Terms for the 12 months period prior to the act which gave rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made.
- (b)The limitations of damages set forth above are fundamental elements of the basis of the bargain between Doctoroo and the Patient. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the Patient.
- This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Doctoroo.
- Each Patient agrees to defend and indemnify and hold Doctoroo (and Doctoroo’s parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the Patient’s use of or access to the Services; any breach by the Patient of these Terms; any wilful, unlawful or negligent act or omission by the Patient; and any violation by the Patient of any applicable laws or the rights of any third party.
- Doctoroo reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the Patient, in which event the Patient will cooperate in asserting any available defences.
- This defence and indemnification obligation will survive these Terms and the Patient’s use of the Site, App or Services. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by the Patient, but may be assigned by Doctoroo without restriction.
Accuracy:While Doctoroo will endeavour to keep the information up to date and correct, Doctoroo makes no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site or App for any particular purpose. The Patient hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and Doctoroo expressly excludes any liability for such to the fullest extent permissible by law.
Termination:Doctoroo reserves the right to refuse supply of the Services required by any Patient, terminate any Patient’s Account, terminate its contract with any Patient, and remove or edit content on the Site or App, if the Patient commits a non-remediable breach or a remediable breach that is not remedied within 5 days, in its sole discretion. If Doctoroo decides to terminate a Patient’s Account any of the following may occur, with or without notice to the Patient: (a) the Patient’s Account will be deactivated, its password will be disabled and he or she will not be able to access the Site, App, Services, its Account or its User Content; (b) any pending or future consultations, orders or other requested services consultations will be immediately terminated; (c) Doctoroo may communicate to the relevant Patient that the consultation has been cancelled; (d) Doctoroo may refund the Patient in full, regardless of the cancellation and refund policy; and (e) the Patient will not be entitled to any compensation for consultations that were cancelled as a result of a suspension, deactivation or termination of their Account.
Fraudulent Activities:Each Patient acknowledges and agrees that, in the event Doctoroo reasonably suspects that there are fraudulent activities occurring within the Site, App and Services, Doctoroo reserves the right to immediately terminate any Accounts involved in such activities, contact the relevant authorities and provide all necessary information to assist in proceedings and investigations.
Force Majeure:Doctoroo will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control.
Notice:Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.
Waiver:Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by Doctoroo of any of the Terms shall be effective unless Doctoroo expressly states that it is a waiver and Doctoroo communicates it to the Patient in writing.
Assignment:A Patient must not assign any rights and obligations under the Terms whether in whole or in part without Doctoroo’s prior written consent.
Severability:If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Jurisdiction and Applicable Law:These Terms, use of this Site, the App, the Services and any dispute arising out of any Patient’s use of the Site, App or Services is subject to the laws of New South Wales, Australia, and subject to the exclusive jurisdiction of the New South Wales courts. The Site and App may be accessed throughout Australia and overseas. Doctoroo makes no representation that the content of the Site and App complies with the laws (including intellectual property laws) of any country outside Australia. If a Patient accesses the Site or App from outside Australia, it does so at its own risk and are responsible for complying with the laws in the place where he/she accesses the Site or App.
Entire Agreement:These Terms and any document expressly referred to in them represent the entire agreement between Doctoroo and each Patient, and supersede any prior agreement, understanding or arrangement between Doctoroo and each Patient, whether oral or in writing.