Terms and Conditions

Agreement

Operative Part

We will give FREEMIUM MEMBERS the services defined.

In consideration of payment of the SUBSCRIPTION FEE, we will give PREMIUM MEMBERS the services defined.

We will provide our services to our customers to the best of our ability.

We give no warranties about the services and goods that we provide to our customers except for those warranties imposed or implied by legislation.

We may terminate the services that we provide to a client:

  1. if a MEMBERSHIP FEE is not paid to us; or
  2. upon giving two weeks notice to the customer

No member will copy or use our INTELLECTUAL PROPERTY without the prior written consent of HealthBank.

Customers consent to receive our marketing material into the email addresses that they provide to us. Customers may unsubscribe by giving notice to us.

Conditions that are void or voidable may be severed from this agreement but do not affect the validity or enforceability of the remaining conditions of this agreement.

Notices may be served on us at our email address or phone number provided.

Notices may be served on our clients at the email addresses that they provide.

If there is an unresolved dispute between us, we and our customers agree to refer the dispute to alternative dispute resolution conducted by The Institute of Arbitrators & Mediators Australia before filing process in a Court except for proceedings for urgent interlocutory relief.

This agreement will be governed by the laws of New South Wales.

Definitions

BUSINESS DAY means any day which is not a Saturday, Sunday or gazetted public holiday.

CUSTOMER includes:

  1. when an individual, the customer’s legal personal representatives;
  2. when a company or corporation, its successors and assigns.

CONSULTATION FEE means a fee per hour (plus GST) agreed between the parties.

Our fees are reviewed on a regular basis and may change.

DOLLARS means Australian currency.

GST means goods and services tax as defined by A New Tax System (Goods and Services Tax) Act 1999.

GST RATE means the rate mentioned in sec 4 of A New Tax System (Goods and Services Tax Imposition-General) Act 1999.

WE or US refer to HealthBank Technologies Pty Ltd.

INTELLECTUAL PROPERTY means all intellectual property, including but not limited to:

  1. patents, copyright, designs, trademarks (including goodwill in those marks) and domain names;
  2. any application or right to apply for registration of any property referred to in para a;
  3. all intellectual property of a similar nature to any property referred to in paras a and b which may subsist in Australia or elsewhere, whether or not those properties are registered or capable of being registered.

FREEMIUM MEMBER means a person who has agreed to be such.

FREEMIUM MEMBERSHIP - This allows members to browse the website, create a practitioner profile and provide online consultations.

PERSON includes a company or corporation.

PREMIUM MEMBERSHIP means $69 Australian dollars (plus GST) per 28 days and then continuing until terminated by either party giving 14 days notice. Our fees will not change during a period of 3 months. After that 3 month period, we may change our fees.

PREMIUM MEMBER means a person who has agreed to be such a member

PREMIUM MEMBERSHIP - This allows members to browse the website, create a practitioner profile and provide online consultations.

In addition, members receive:

Marketing as provided my HealthBank

Access to Treatment protocols

Access to practitioner only supplements and functional pathology testing

Access to upload medical results

Words expressed in the singular include the plural and vice versa

Words expressed in one gender include the other genders, as is appropriate in the context

WAITLIST is where a client’s name will go when active membership reaches capacity. When a position becomes available, the client will be notified by email.

The primary service of HealthBank is to enable the rendering of Telehealth Services by Practitioners to Users and to facilitate telehealth services, record keeping, and other services and communication between Practitioners and Users.The Practitioners using the HealthBank platform are not employed by HealthBank.

User Registration

In order to use certain features of HealthBank, including HealthBank telehealth services, you must register for an account on HealthBank (“Profile”) and provide certain information about yourself as prompted by the applicable registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your User Account at any time, for any reason, by following the instructions on HealthBank. HealthBank may suspend or terminate your User Account at its sole discretion. You are responsible for maintaining the confidentiality of your User Account login information, controlling access to your User Account information, and are fully responsible for all activities that occur under your User Account. You agree to immediately notify the Company of any unauthorized use, or suspected unauthorized use of your User Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

Acceptable Use Policy

You agree not to use HealthBank to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.b. You agree not to use HealthBank to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to HealthBank or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to HealthBank, other computer systems or networks connected to or used together with HealthBank, through password mining or other means; (vi) harass or interfere with another user’s use and enjoyment of HealthBank; or (vi) introduce software or automated agents or scripts to HealthBank so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from HealthBank (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).c. We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person. Such acts may include removing or modifying your User Content, terminating your User Account, and/or reporting you to law enforcement authorities.

Limitation of Liability

The use of HealthBank is at your own risk. When using HealthBank, information will be transmitted over an electronic medium that is beyond HealthBank’s control. Accordingly, HealthBank assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of HealthBank.

Password Management

You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your HealthBank passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your account and password; (3) promptly inform HealthBank if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password.

PRIVACY

In using HealthBank, you agree to be bound by the HealthBank Privacy Policy, which we encourage you to review.

TERM AND TERMINATION

The HealthBank Terms and Conditions remains in full force and effect while you use HealthBank as a User or a guest. We may (a) suspend your rights to use HealthBank (including your User Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of HealthBank in violation of this Agreement. Upon the termination of this Agreement between you and HealthBank, your User Account and right to access to HealthBank will terminate immediately. You understand that any termination of your User Account may involve deletion of your User Content associated therewith from our live databases. Company will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your User Account or deletion of your User Content.

GENERAL

The HealthBank Terms and Conditions may be revised, modified or updated at any time. Continued use of HealthBank following the publications Terms and Conditions Revisions shall represent your continued agreement to the terms of the HealthBank Terms and Conditions. You are encouraged to review the HealthBank Terms and Conditions from time to time when you are utilizing HealthBank.

Terms and Conditions (version 1) Last updated on Oct 22 2018 at 01:30AM UTC.