Terms and Conditions

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 HealthBank’s Terms and Conditions. You are encouraged to review the HealthBank Terms and Conditions from time to time when you are utilising the HealthBank.


Terms of Use

This page sets out the terms of use of this website (Terms of Use) and application. By using this website or application, you accept all of its terms (including these Terms of Use and the Privacy Policy). A reference in these Terms of Use to ‘HealthBank’, ‘we’, ‘us’ or ‘our’ means HealthBank Technologies Pty Ltd and any related bodies corporate.


We reserve the right to update or amend these Terms of Use at any time. You should check this page from time to time to make sure you are aware of any changes.


This website and application include publicly accessible content, as well as functionality to register to access the HealthBank service. These Terms of Use apply to this website and application generally, including the HealthBank service, the HealthBank app and any reference to this website includes the HealthBank service. The Terms of Service also apply to the HealthBank service. In the event of any inconsistency between these Terms of Use and the Terms of Service, the Terms of Service prevail.


Governing Law

The terms of this website, including Terms of Service, will be governed by and construed in accordance with the laws in force in New South Wales, Australia, and you unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. Although our websites may be accessed outside ofAustralia, we make no representation that the content complies with the laws of any other country. If you access this website from outside Australia, you are solely responsible for ensuring compliance with your local laws and for any reliance on our website content.


Authorised Users

Authorised Users means you (if you are an individual), your officers, employees or contractors who have been expressly authorised by you to participate as authorised users ofour service. You must ensure that when accessing the HealthBank service, any Authorised User observes all of our security, administrative and other reasonable requirements and directions, and complies with these Terms of Service as if it were a party to it.


User Registration

In order to use certain features of HealthBank, including HealthBank telehealth services, youmust register for an account on the HealthBank (“Profile”) and provide certain information about yourself as prompted by the applicable registration form. You represent and warrant that:

  1. all required registration information you submit is truthful and accurate;
  2. you will maintain the accuracy of such information;
  3. you are at least 18 years of age;
  4. you agree and warrant the to use the website in accordance with these terms; and
  5. if you are a practitioner, you are fully registered or qualified in the profession you list as your profession when you sign up.

We will handle all personal information we collect in accordance with our Privacy Policy.


When you register and provide all of the required details, we will provide you with an accountthat you access using a username and password. The username is your email address. You must log in using your username and password to use the HealthBank service. To access the app, you may be asked if you would like to use Face Recognition in place of a password.


You must maintain the confidentiality of your username and password. You are responsible for all activities that are conducted through your account whether or not you have authorised such use. Your account and your right to use the HealthBank service are personal to you and you must not authorise others to use your account. It is a condition of use of the HealthBank service that you ensure that your contact details are kept up-to-date and accurate. You can change or correct your information by logging-in to your profile.


You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account.


By registering and clicking “[SUBMIT]”:

  1. where the customer is an individual, you agree to be bound to these Terms of Service;
  2. where the customer is a corporation or other organisation:
    1. the customer acknowledges and agrees that its representative is agreeing on behalf of the corporation or other organisation to be bound by these Terms of Service; and
    2. the customer warrants that the customer’s representative has the authority to agree to these Terms of Service on behalf of the customer.

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. HealthBank cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.


Fees

If you are a practitioner, at the end of the subscription period, your access to the HealthBankservice will automatically renew unless you cancel your subscription. The subscription fee will be charged to your Payment Method.


Unless you cancel your account before your monthly billing date, you authorize HealthBank Technologies Pty Ltd to charge the next month’s subscription fee to your Payment Method.The subscription fee for the HealthBank service and any other charges you may incur in connection with your use of the HealthBank service including taxes and any transaction fees, will be charged to your Payment Method on a monthly basis on the calendar day corresponding to the date you registered to use the HealthBank service. Your payment date may change in certain circumstances, for example if your payment was unsuccessful or delayed for any reason.


HealthBank may use a third-party payment service provider to process payments due to HealthBank and you may be required to agree to additional terms between you and the third party payment service provider in order to pay for and use the HealthBank service.


If a payment is not successful including due to issues with your Payment Method (for example, expiration of your Payment Method or insufficient funds) and you do not update your Payment Method or cancel your account, HealthBank may cancel your account or suspend access to the HealthBank service until payment has been received. HealthBank willkeep trying to charge your chosen card until payment is successful. You remain responsible for any outstanding payments owing to HealthBank and authorise HealthBank to charge any outstanding payments to your updated Payment Method.


HealthBank may change the subscription plans for the HealthBank service from time to time and will provide you with at least 30 days’ notice before the change comes into effect. HealthBank may decide to apply new subscription plans only to new users in which case youwill be grandfathered on your existing subscription plan. HealthBank may – acting reasonably – move you to another subscription plan of their choice.


You may cancel your subscription to use the HealthBank service at any time – including when you don’t agree with a change to a subscription plan – and your service will be terminated at the end of the subscription period. You can request that your account be terminated by contacting HealthBank at [email protected] If you cancel your subscription, you will no longer have access to the HealthBank service and will not be entitled to a refund.


Website Content

The content provided by us on this website and application is owned or controlled by us and is protected by copyright laws in Australia. You may only use the content for your own personal purposes, and may not otherwise use, copy, reproduce, modify, publish or transmit the content without our prior written consent.


We use reasonable endeavours to ensure that the information we include on this website is accurate and up-to-date, but we cannot guarantee the accuracy, currency or completeness of the information provided and we accept no responsibility for errors in the content at any time. We do not guarantee that use of our website will be uninterrupted or error-free, or that materials accessible on or through the website will be free from errors, viruses, worms or other harmful codes. To the extent permitted by law, and subject to the Terms of Service andany statutory guarantee that cannot be excluded, all liability is excluded for any loss (including indirect loss), damages or injury resulting from your access to (or inability to access) or use of this website, or as a consequence of any content or information obtained from or through this website.


Acceptable Use Policy

  1. You agree not to use HealthBank to collect, upload, transmit, display, or distribute any User Content
    1. 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;
    2. 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 anygroup or individual or is otherwise objectionable;
    3. that is harmful to minors in any way; or
    4. that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
  2. You agree not to use HealthBank to:
    1. upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data;
    2. 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;
    3. harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
    4. 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;
    5. 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;
    6. harass or interfere with another user’s use and enjoyment of HealthBank; or
    7. 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 the 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).
  3. 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.

Ownership and Use of Data

Title to, and all intellectual property rights in, the Data remain your property. You grant to us a licence to use, copy, transmit, store, and back-up your information and Data for the purposes of enabling you to access and use the website and for any other purpose related to provision of services to you or set out in our Privacy Policy.


HealthBank does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needsgenerally. In addition, we may use the information that you provide to improve our website and our services but not for any other use.


Third-Party Sites

This website and application may contain links or references to third party sites. We are not responsible or liable for the content of those sites and your access to and use of those sites is at your own risk. Any links are provided for convenience only, and do not indicate any endorsement or recommendation by us.


Intellectual Property Rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and application, and in all of the material (including all text, graphics, logos, audio and software) made available on this website and application (Content).


As between you and HealthBank, all content on the Services, including its appearance and look and feel, is owned by HealthBank unless otherwise expressly indicated through the Services. You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Services, including applicable copyrights, designs, text, graphics, logos, audio, software, patents, trademarks and other intellectual property rights, and are protected by Australian trademark, patent, trade secret, and other intellectual property or proprietary rights laws.


Your use of this website and application and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. You may not modify, copy, distribute, transmit, display, perform or create derivative works from the content, information or material on the Services. However, we do grant you a non-exclusive licence to access the website and application and view the Content on the terms and conditions set out in these Terms of Service and, where applicable, as expressly authorised by us and/or our third-party licensors.


You grant Us a non-transferable, non-exclusive and royalty free licence to:

  1. store and otherwise use, copy or modify any data or material provided by You to Us for the purpose of Our providing you with our services and enabling You and the Patient Users to access and use the Platform; and
  2. use Your logos or other branding information or media (in any form) for the purpose of promoting or marketing the Platform.

Your ownership of data pertains to any data that you submit to the platform (but you give us licence to deal with it to enable platform functionalities and improvements); and we own the platform itself, including any developments or customisations.


All other use, copying or reproduction of this website or application, the Content or any part of it is prohibited, except to the extent permitted by law.


Misuse of Website

You agree to only use this website in accordance with its terms and applicable laws. You may be held personally liable for any unlawful use of this website.


If you think any content on this website is inappropriate or unlawful or infringes your rights, please contact us at [email protected]


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 the HealthBank.


Privacy

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


General Terms

Should you have any questions concerning these Terms of Service, or if you desire to contact HealthBank Technologies Pty Ltd for any reason, please contact us via email at [email protected]


YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT https://www.healthbank.io/privacy

Terms and Conditions (version 2) Last updated on Apr 15 2021 at 05:26AM UTC.