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Doktorzz telemedicine app and services are for non-emergency medical problems. If your medical problem is of an emergency nature, go to your nearest medical centre or reach out to your local ambulance service. Familiarize yourself with the contact numbers of your local emergency service. Doktorzz telemedicine app and services may ask you to confirm your identity in a consultation by providing suitable forms of verification which may include a Photo ID (National ID card, International passport, Driving Licence, etc.).
Who we are at Doktorzz telemedicine app and services:
Doktorzz app is a product of Medinsight WA Pty Ltd, Australia, a private healthcare technology company. Doktorzz app facilitates on-demand, secure, high-definition, face-to-face, synchronous video, telephone, and synchronous and asynchronous online-chat/message consultations with “Providers" across the entire spectrum of healthcare professionals, who hold valid and current registration to practise in the jurisdictions where they and their prospective clients reside. Upon a Healthcare Provider's applying to register with Medinsight WA Pty Ltd, his or her certificates are verified, alongside recency of practice. This is Doktorzz app and services' promise of Quality Assurance to you.
As a deputizing service, Doktorzz app and services complement the work being done by your regular doctor so we don't intend to replace the relationship you have with your regular doctor. We are not an emergency care service but may offer advice for urgent medical problems.
Doktorzz app and services' charges range from pay as you go to monthly or annual subscription paid by client or clients’ healthcare insurer, employer or membership group or using a coupon code. Doktorzz app is provided by Medinsight WA Pty Ltd, Australia, a company registered in Australia.
OUR CONTRACT WITH YOU WHEN YOU USE OUR SERVICES, APPS AND WEBSITES
Users may access Doktorzz apps and its affiliate website subject to the below Terms and Conditions: Doktorzz app is available in the Apple AppStore and Google Play Store.
We support a wide range of browsers on your phone, laptop or desktop. Details can be requested of our technical team using the Contact us button on Doktorzz app and its affiliate website.
Your agreement to comply with and be bound by these Terms and Conditions (including our End User License Agreement and Terms of Service) and Privacy Policy is deemed to occur upon first use of Doktorzz app and its affiliate website and by explicit agreement upon Registration. Further, you will be required to explicitly accept our most recent Terms and Conditions, Privacy Policy and Medical Consent (collectively “Our Policies”) when accessing our Consultation Services.
By explicitly accepting our Policies, you authorize Doktorzz app and its affiliate website to use your Personal Information including your Health Information and details of all your past Consultations, collectively referred to as your “Electronic Health Record” which includes “Personal Data” and “Sensitive Personal Data”.
You also explicitly consent that Doktorzz app and its affiliates may release your Electronic Health Record for the purposes of your treatment and ongoing healthcare to your regular doctor (Family Physician or General Practitioner, “GP”), preferred (nominated) pharmacy, next of kin and/or persons authorized to make decisions in relation to your healthcare. If you do not wish us to release your Electronic Health Record, please notify the Provider during your consultation. You will still be deemed to have explicitly agreed to all other policies of Doktorzz app and services.
If your consultations are facilitated by your Insurer, Employer or a Group Membership, we may share certain information with them including your date of consultation, name, contact details, date of birth, and policy or membership number to assist in reimbursement. We will not divulge information from consultation without your explicit consent.
PREAMBLE
We want to provide you the best possible care and to help us, we ask that you make a few commitments to us when accessing Doktorzz app and services and their affiliate website. The foregoing will also ensure that you receive personalized care whilst protecting you against the risk of receiving treatment that is inappropriate or unsafe. It is important for you to read and fully understand these commitments, so we have laid them out below.
We ask that:
You stay true to your identity by registering as yourself and not present yourself as someone else or act as an agent for somebody else without informing Doktorzz app or its delegates, you only register once with Doktorzz app unless you are registering for a dependent or a person in your care; you commit to protect the privacy and security of all Users (Clients, providers including doctors, other healthcare providers and Medinsight delegates) and not make independent recordings of consultations, capture images, or take screen shots or record voice or data or similar files..
All necessary details of your consultations are stored in your personalized Consult History and Client Information (Personal and Health Information) (collectively “Electronic Health Record”). Doktorzz app technical team can assist you with all your general and technical enquiries including requests for records; you commit that any information you provide on Doktorzz app, its affiliate website and to the Healthcare Providers will be accurate and not to omit anything of relevance or importance, which includes current and past medical history, current medications and allergies;.
You will maintain and ensure that your Patient Information (Personal and Health), is current and correct at the time of any consultation; you will keep your Patient Information (Personal and Health), current and add any relevant updates, expert opinions, prescriptions, lab test or imaging reports you have received from all sources; you will comply with all instructions and advice given to you by Healthcare Providers, subcontractors and third parties for your continuing care;.
You will comply with guidance provided by any dispensing pharmacist following a consultation as to the use of any medicines, including method of administration, timing, dosages, potential adverse reactions or side effects, expiry dates etc;.
You will promptly report any side effects of any prescription to an appropriate Healthcare Provider; and
you agree to Doktorzz app using any de-identified data in the improvement of its Products and Services. In this context, de- identified data refers to data from an individual that cannot be identified;
If you have any reservations or doubt regarding any information or advice you have received or failed to receive via Doktorzz app and its affiliates regarding your health, you are not constrained from seeking the opinion of an alternate health provider not affiliated with Doktorzz app and its affiliates.
TERMS AND CONDITIONS IN DETAIL
GLOSSARY OF TERMS
Unless the context otherwise dictates, the following expressions have the following meanings:
1.1. “Doktorzz app and services /Our/Us” means Doktorzz app and its affiliate website owned by Medinsight WA Pty Ltd, Australia, a company limited in iability under the Laws of Australia;
1.2. “Account” is the means by which a User accesses and/or uses certain areas of our apps and affiliate websites;
1.3. “Advice” means any communication, diagnosis, discharge information, advice or other services in any form provided by healthcare providers, facilitated by Doktorzz app or its affiliate website;
1.4. “Apps and Websites” means the application (IOS or Android) or affiliate website including doktorzz.com and any sub-domains of this website unless expressly excluded by their own terms and conditions;
1.5. “Content” means all files, documents, text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored in an application (IOS or Android) or on a computer that appears on, or forms part of Doktorzz app and affiliate websites;
1.6. “Contract” means a contract for the purchase and sale of products and services
1.7. “De-identified Data” means data from which a client cannot be individually identified. We may use your de-identified data in accordance with best practice and only in the improvement and promotion of Doktorzz app products and services and in pursuit of its business including with other third parties;
1.8.a. “Personal Data” means information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular, by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
1.8.b. “Sensitive Personal Data” means information, including data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, data concerning health or sex life and sexual orientation, genetic data or biometric data.
1.9. “Electronic Health Record” means a user's account in our cloud-based database which may include Personal Information and Consultation record;
1.10. “Healthcare Providers” means any Registered Healthcare Professional providing services facilitated by Doktorzz app and its affiliate website including registered General Practitioners, Internists, Gynaecologists, Paediatricians, Surgeons, Nurse Practitioners, Psychologists etc. All providers' registrations are verified with competent National and/or State authorities;
1.11. “Order” means a user's requisition for products and services which may or may not require payment of monies;
1.12. “Order Confirmation” means Doktorzz app and services' acceptance and confirmation of a user's order;
1.13. “Products” means any physical item ordered, including but not limited to a lab test, imaging test, prescription or device;
1.14. “Products and Services” means products and services provided or facilitated by Doktorzz app and its affiliate website to you as specified in your orders;
1.16. “Services” means any service to a client including health advice;
1.17. “Third Parties” means any entities providing products and services through Doktorzz app and its affiliate websites, including independent healthcare providers, subcontractors, agencies and suppliers other than Doktorzz app and its affiliate services and Medinsight WA Pty Ltd;
1.18. “Third Party Apps and Websites” means apps and websites not owned by Medinsight WA Pty Ltd or any of its subsidiaries or affiliates;
1.19. “User” or "Client" means any patient, customer, third party, healthcare provider, medical practitioners who accesses the apps and websites or orders products and services from Doktorzz app or its affiliates and is not directly employed by Medinsight WA Pty Ltd or acting during their emplyment with Medinsight WA Pty Ltd;
1.20. “User Content” means any information supplied to Doktorzz app and its affiliate websites by Users including, but not limited to Sensitive Personal Data ie name, date of birth, health status, past medical history, allergy history, medication history, physical and mental health history, past medical records, photographs, family information, medical diagnoses and notes, details of past consultations; and financial information such as credit and debit card numbers.
INFORMATION WE COLLECT FROM YOU AND HOW WE HANDLE YOUR INFORMATION
2.1. At the time of registration and initial use of our apps and affiliate websites, we may request certain “Personal Data” including biographical and demographic information such as: name, email, contact numbers, address, date of birth, gender and location. We may also collect insurer, employee, group or membership numbers, where appropriate.
2.2. We may also request for “Sensitive Personal Data” including your Presenting Complaint or Nature of Medical Issue which we will not store unless you eventually go on to have a consultation. You'll be allowed the option to share and/or store your medications and allergy histories and all your Patient Information (Personal and Medical Histories) in your Personal Electronic Health Record.
2.3. In order, to have a consultation with a doctor or other healthcare provider, you must explicitly agree to our current Terms and Conditions (incorporating our End User Licence Agreement and Terms of Service), Privacy Policy and Medical Consent at which point we will store that Sensitive Personal Data in your Electronic Health Record. This Sensitive Personal Data includes your medical history, symptoms, complaints, allergies and medications. Doktorzz app and its affiliate website also provides the ability for your attending healthcare providers to add notes to your Electronic Health Record. Any information provided as part of a video, telephone, secure chat session and/or email consultation becomes part of your Electronic Health Record. At any point you can update your Personal Information, but we will keep a record of those changes if you have had a Consultation.
2.4. Your agreement to comply with and be bound by these Terms and Conditions (incorporating our End User Licence Agreement and Terms of Service), Privacy Policy and Medical Consent (“Our Policies”) is deemed to occur upon your first time use of Doktorzz app and its affiliate websites and updated at the point of a consultation.
END USER LICENCE AGREEMENT FOR OUR APPS AND WEBSITES
Access to Our Apps and Websites
3.1. You may use our app and its affiliate website from anywhere subject to Australian law and the applicable laws in your location. It is your responsibility to confirm that you comply with, all applicable laws and regulations.
3.2. You may access our app and affiliate website from your desktop, laptop or mobile device. If you need help with set-up, our technical team stand ready to provide support. Their contact is on Doktorzz app home page and affiliate website.
3.3. Older browsers may not support our service very well and that could have an effect on your experience. We implore you to check for regular updates, including security updates from your device manufacturer, operating system and browser. Please download our app only from Apple and Google Play Stores.
3.4. Use of our app and its affiliate website is on “as is” and “as available” bases. Medinsight WA Pty Ltd or her delegates may alter, suspend or discontinue our app and affiliate website (or any part of it) at any time and without notice. Medinsight WA Pty Ltd will not be liable to you in any way if our app and website (or any part of it) is unavailable at any time and for any period.
Payment Accounts
4.1. You may be required to create or register a payment account to use certain parts of our app and affiliate website (especially to facilitate purchase of products and services).
4.2. You may not register a payment account if you are under the minimum legal age in your location. If you are under the minimum legal age and wish to use parts of our app and affiliate website that require a payment account, you'll need to be registered as a dependant of your parent, guardian or carer and access will only be granted under the supervision of a parent, guardian or carer.
4.3. Make sure you give accurate and complete information when creating an account. You can update your Patient Information in our app and affiliate websites at any time if your information changes. Note that providing false information may lead to suspension of your account.
4.4. Endeavour to use strong passwords for securing access to your account. It is recommended that you combine characters in lowercase and uppercase as well as numbers. Avoid the use of simple passwords such as "abcd" or "1234."
4.5. It is your responsibility to keep your password safe. You must not share your password or account details with anyone else. If you believe your account has been or is being used without your permission, please contact Doktorzz app immediately via the "Contact us" link on our app and affiliate website. Doktorzz app and Medinsight WA Pty Ltd and their affiliates will not be liable for any unauthorized access to your account.
4.6. All personal information you provide or store in your account will be collected, used, and held in accordance with our data handling policies which follow Australian law.
4.7. If you wish to close your account, you may do so at any time, contacting us by email or via the "Contact us" link on our app and affiliate website. Closing your account will result in the removal of your access to your Electronic Health Record. It will not remove any information we have already collected which we are required to maintain in line with our data handling policies, best practice, the relevant Data Protection Acts and subject to use in de-identified form.
Intellectual Property Rights
5.1. Doktorzz app and its affiliate website inherently possess worldwide patented or patentable inventions, trade secrets, copyrights and other intellectual property rights owned by or under license by Medinsight WA Pty Ltd and its licensors. All content, including user content, is protected by applicable Australian and International intellectual property laws and treaties.
5.2. All logos on Doktorzz app and its affiliate website are owned by or licensed to Medinsight WA Pty Ltd which hereby reserve all rights to their respective use.
5.3. You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner, re-use content from our Doktorzz app and affiliate website, unless given express written permission to do so by Medinsight WA Pty Ltd.
5.4. This Agreement does not grant you title or ownership of Doktorzz app and its affiliate website. You shall not remove, replace or obscure proprietary notices contained in or displayed by Doktorzz app, its affiliate website or Medinsight WA Pty Ltd.
5.6. Medinsight WA Pty Ltd grants you a limited license to access and make personal use of Doktorzz app and its affiliate website and not to modify any of its constituent parts, except with express written consent. This license does not include any resale or commercial use of Doktorzz app and affiliate website or content, any derivative use of the app and website or content or any use of data mining, robots, or similar data gathering and extraction tools.
5.7. Doktorzz app and its affiliate website or any portion of the app and website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Medinsight WA Pty Ltd. Any unauthorized use terminates the permission or license granted by Medinsight WA Pty Ltd.
5.8. Subject to sub-clause 5.6 above, you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use content from Doktorzz app and its affiliate website unless given written permission to do so by Medinsight WA Pty Ltd.
5.9. Users are allowed to:
5.9.a. Access, view and use Doktorzz app and its affiliate website in an application (IOS or Android) or web browser;
5.9.b. Download Doktorzz app and visit its affiliate website;
5.9.c. Print pages from Doktorzz app and its affiliate website;
5.9.d. Download extracts from pages on Doktorzz app and its affiliate website;
5.9.e. Save pages from Doktorzz app and its affiliate website for later and/or offline viewing.
5.10. Users are however not allowed to use any content saved or downloaded from Doktorzz app and its affiliate website for commercial purposes without first obtaining written permission from Medinsight WA Pty Ltd. This does not prohibit the normal access, viewing and use of Doktorzz app and its affiliate website for general information purposes.
5.11. Nothing in these Terms and Conditions limits or excludes the provisions of the Copyright and Related Rights, with regard to the creating of temporary copies, the making of copies for private use, research and private study, the making of copies for text and data analysis for non-commercial research, criticism, review, quotation, news reporting and the incidental inclusion of copyright material.
User Content
6.1. Users must have a payment account on Doktorzz app to submit User Content to the app and its affiliate website. For terms and conditions pertaining to payment accounts, please refer to Clause 4.
6.2. Each user will be responsible for any content submitted to Doktorzz app and affiliate website. Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 13.
6.3. You agree that you will be liable to Medinsight WA Pty Ltd and will, to the full extent permissible by law, indemnify Medinsight WA Pty Ltd for any breach of the warranties given by you in these Terms and Conditions. You will be responsible for any loss or damage suffered by Medinsight WA Pty Ltd from a breach.
6.4. When you submit User Content you grant Medinsight WA Pty Ltd an unconditional, fully transferable, royalty-free, worldwide licence to use, store, archive your User Content for the purposes of operating and promoting Doktorzz app and its affiliate website and for providing you with, and improving Doktorzz app and Medinsight WA Pty Ltd's healthcare products and services including the use of that data in a de-identified form. We will not share your Personal Data with a third party other than your Healthcare Provider or without your permission other than as set out in Our Privacy Policy.
Disclaimers
7.1. Doktorzz app and its affiliate website are not suitable for any medical condition/situation that should reasonably require face to face analysis, diagnosis or treatment, or for sourcing any product and service urgently for a medical emergency.
7.2. Medinsight WA Pty Ltd cannot guarantee continuity of care through the same Healthcare Provider.
7.3. The Content on Doktorzz app and its affiliate website does not constitute advice on which you should solely rely. It is provided for general information purposes only.
7.4. Medinsight WA Pty Ltd and Doktorzz app and its affiliate website make no representation, warranty, or guarantee that our services or app and website will:
7.4.a. Meet your requirements;
7.4.b. be of satisfactory quality;
7.4.c. be fit for purpose;
7.4.d. not infringe the rights of third parties;
7.4.e. be compatible with all software and hardware; or
7.4.f. that it will be secure.
7.5. Medinsight WA Pty Ltd makes reasonable efforts to ensure that the displayed Content on Doktorzz apps and its affiliate website is complete, accurate, and up-to-date. Medinsight WA Pty Ltd does not make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
Our Liability
8.1. Medinsight WA Pty Ltd is not responsible for any loss or damage caused by its associate Healthcare Providers (except to the extent the Healthcare Provider is an employee of Medinsight WA Pty Ltd or acting within the scope of their employment), or Third Parties unless caused by the negligence, material breach or willful default of Medinsight WA Pty Ltd.
8.2. Medinsight WA Pty Ltd accepts no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Doktorzz app and its affiliate website or the use of or reliance upon any Content included therein.
8.3. Medinsight WA Pty Ltd excludes all representations, warranties, and guarantees (whether expressed or implied) that may apply to Doktorzz app and its affiliate website or any Content included therein.
8.4. Medinsight WA Pty Ltd takes all reasonable steps to ensure that Doktorzz app and its affiliate website are free from viruses and other malware. However Medinsight WA Pty Ltd accepts no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Doktorzz app and its affiliate website (including the downloading of any Content from it) or any other apps and websites referred to on Doktorzz app and its affiliate website.
8.5. Medinsight WA Pty Ltd neither assumes nor accepts responsibility or liability arising out of any disruption or non-availability of Doktorzz app and its affiliate website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
8.6. The liability of Medinsight WA Pty Ltd, Doktorzz app and its affiliate website with respect to its products and services whether under contract, tort, statute, common law or otherwise (and including for negligence or willful default) shall not in any circumstances exceed:
8.6.a. the legal minimum in aggregate in relation to any products
8.6.b. the legal minimum in aggregate otherwise.
8.7. Nothing in these Terms and Conditions excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability, which cannot be excluded or restricted by law.
User's Liability
9.1. You agree to registering as yourself and not presenting yourself as someone else or acting as an Agent or, on behalf of someone else except that person is your dependant.
9.2. Unless registering someone in your care or a dependant, you will only register once with Doktorzz app.
9.3. You agree to protect the privacy and security of all other Users (Patients, registered Providers and Medinsight WA Pty Ltd Employees) and not to make video recordings of consultations, capture images or take screen shots independently without the expressed consent of the other party during the consultation. All necessary details of your consultations are stored for your benefit in your own Consult History and Patient Information (Personal and Health History), collectively “Electronic Health Record”.
9.4. You agree that any information you provide Doktorzz app, its affiliate website and its associate Healthcare Providers will be accurate and not be missing relevant or important information which for the avoidance of doubt includes, current and past medical conditions and medications.
9.5. You agree to maintain and ensure that your Patient Information (Personal and Health History) is current and correct at the time of any appointment or consultation.
9.6. You agree to promptly notify and/or correct any part of your Patient Information (Personal and Health History), which is incomplete or inaccurate including any Advice (see below), opinions, tests, prescriptions or imaging reports received.
9.7. You agree to comply with all instructions and advice given to you by our associate Healthcare Providers, subcontractors and third parties for your continuing care.
9.8. You agree to comply with all instructions and guidance regarding the use of any medicine (OTC or Prescription) as provided by the manufacturers, including method, timing, dosages, potential side effects, expiry dates etc., and the instructions of any dispensing Pharmacist by virtue of your Doktorzz app appointment or consultation.
9.9. You agree to promptly report any side effects of any prescription to an appropriate Healthcare Provider.
9.10. Should you have any concerns or are in any doubt regarding any information or Advice you have received or failed to receive via Our Products and Services, or regarding your health, wellbeing or any conditions, you agree that you will immediately seek a further medical opinion from a registered GP or suitable Healthcare Provider not affiliated with Doktorzz app and its affiliate website and/or shall seek emergency attention as necessary.
9.1. You agree to registering as yourself and not presenting yourself as someone else or acting as an Agent or, on behalf of someone else except that person is your dependant.
9.2. Unless registering someone in your care or a dependant, you will only register once with Doktorzz app.
9.3. You agree to protect the privacy and security of all other Users (Patients, registered Providers and Medinsight WA Pty Ltd Employees) and not to make video recordings of consultations, capture images or take screen shots independently without the expressed consent of the other party during the consultation. All necessary details of your consultations are stored for your benefit in your own Consult History and Patient Information (Personal and Health History), collectively “Electronic Health Record”.
9.4. You agree that any information you provide Doktorzz app, its affiliate website and its associate Healthcare Providers will be accurate and not be missing relevant or important information which for the avoidance of doubt includes, current and past medical conditions and medications.
9.5. You agree to maintain and ensure that your Patient Information (Personal and Health History) is current and correct at the time of any appointment or consultation.
9.6. You agree to promptly notify and/or correct any part of your Patient Information (Personal and Health History), which is incomplete or inaccurate including any Advice (see below), opinions, tests, prescriptions or imaging reports received.
9.7. You agree to comply with all instructions and advice given to you by our associate Healthcare Providers, subcontractors and third parties for your continuing care.
9.8. You agree to comply with all instructions and guidance regarding the use of any medicine (OTC or Prescription) as provided by the manufacturers, including method, timing, dosages, potential side effects, expiry dates etc., and the instructions of any dispensing Pharmacist by virtue of your Doktorzz app appointment or consultation.
9.9. You agree to promptly report any side effects of any prescription to an appropriate Healthcare Provider.
9.10. Should you have any concerns or are in any doubt regarding any information or Advice you have received or failed to receive via Our Products and Services, or regarding your health, wellbeing or any conditions, you agree that you will immediately seek a further medical opinion from a registered GP or suitable Healthcare Provider not affiliated with Doktorzz app and its affiliate website and/or shall seek emergency attention as necessary.
Partner Third Party Apps and Websites
10.1. In giving more value to our Users as well as for their convenience, Doktorzz app and its affiliate website may include links to our Partner Third Party Websites whose content may be beyond our control. Be aware that when you click on any of these links, you will leave Doktorzz app and its affiliate website and Medinsight WA Pty Ltd has no control over and will accept no responsibility or liability for the materials on any app and website, which is not under the control of Medinsight WA Pty Ltd.
Partnerships and Corporate media campaigns
11.1. Doktorzz app and its affiliate website may share media campaign and sponsorship materials from other organisations, including advertising and sponsorship by Medinsight WA Pty Ltd. It is the responsibility of advertisers and sponsors to ensure that materials submitted for inclusion on our website comply with relevant laws and regulations and codes. Doktorzz app, its affiliate website and Medinsight WA Pty Ltd will not be responsible for any error or inaccuracy in advertising and sponsorship material.
11.2.To the full extent permissible by law, Doktorzz app, its affiliate website and Medinsight WA Ltd Pty accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or about the use of (or inability to use) Doktorzz app and its affiliate website or the use of or reliance upon any Content included on Doktorzz app and its affiliate website.
Security
12.1. Medinsight WA Pty Ltd takes all reasonable steps to ensure the security of Doktorzz app and its affiliate website, including putting mechanisms in place to keep them virus and malware free. Medinsight WA Pty Ltd does not, however, guarantee that Doktorzz app and its affiliate website are secure or free from viruses or other malware and accept no liability in respect of the same.
12.2. It is your responsibility to protect your hardware, software, data and other material from viruses, malware, and other internet security risks. You must not deliberately introduce viruses or other malware, or any other material, which is malicious or technologically harmful either to or via Doktorzz app and its affiliate website.
12.3. You must not attempt to gain unauthorized access to any part of Doktorzz app and its affiliate website, the server on which Doktorzz app and its affiliate website is stored, or any other server, computer, or database connected to Doktorzz app and its affiliate website.
12.4. You must not attack Doktorzz app and its affiliate website by means of a denial of service attack, a distributed denial of service attack, or by any other means.
12.5. You may be committing a criminal offense if you breach the above clauses. All breaches will be reported to the relevant law enforcement authorities and Medinsight WA Pty Ltd will cooperate fully with those authorities by disclosing your identity to them. Your right to use Doktorzz app and its affiliate website will cease immediately in the event of such a breach.
Security
13.1. You may only use Doktorzz app and its affiliate website in a manner that is lawful and that complies with the following provisions:
13.2. You agree that Medinsight WA Pty Ltd may limit, restrict or remove your right to any or all, of its services, without reason or notice, where in Medinsight WA Pty Ltd's sole opinion, your usage of Doktorzz app and its affiliate website exceeds Medinsight WA Pty Ltd's current Acceptable Usage Policy, as determined from time to time.
13.3. When using Doktorzz app and its affiliate website, you must not share, submit, communicate or otherwise do anything that is: sexually explicit, obscene, deliberately offensive, hateful or otherwise inflammatory; promotes violence; promotes or assists in any form of unlawful activity; discriminates against, is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, age, political beliefs or membership of “trade” organizations; intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person; is calculated or is otherwise likely to deceive; is intended or otherwise likely to infringe another person’s right to privacy; misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;
13.4. You must not infringe, or assist in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party; or is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
13.5. Medinsight WA Pty Ltd reserves the right to suspend or terminate your access to Doktorzz app and its affiliate website without notice if, in our sole opinion, you materially breach the provisions of this clause or any of the other provisions of these Terms and Conditions.
13.6. Medinsight WA Pty Ltd hereby exclude all liability arising out of any actions (including, but not limited to those set out above) that Medinsight WA Pty Ltd may take in response to breaches of these Terms and Conditions.
Cookie Policy
14.1. This Clause should be read in conjunction with the Cookies Policy on Doktorzz app, its affiliate website and our Privacy Policy.
14.2. All Cookies and tracking tools used on Doktorzz app and its affiliate website are used in accordance with current Australian Law as applicable.
14.3. We may place and access certain first party cookies on your computer. First party cookies are those placed directly by Medinsight WA Pty Ltd via our website and are used only by Medinsight WA Pty Ltd. Medinsight WA Pty Ltd uses cookies to improve your experience of using the website and to improve our range of products and services.
14.4. You will be presented with a message bar requesting your consent to set those cookies before any cookies are placed on your computer. By giving your consent to the placing of cookies you are enabling Medinsight WA Pty Ltd to provide the best possible experience and service to you. You may deny consent to the placing of cookies; however bear in mind that certain features of the website may not function fully or as intended.
14.5. Certain features of the Website depend upon cookies to function. Some national laws deem certain cookies to be “critical or strictly necessary”. There are no critical or strictly necessary cookies currently used on our websites as at the date of these Terms and Conditions.
14.6. The choice is yours whether you want to enable or disable cookies in your Internet browser. Most Internet browsers also allow you to choose whether you wish to disable all cookies or only third-party cookies. By default, most Internet browsers accept cookies, but this can be changed. For further details, please consult the help menu in your Internet browser. You may delete all cookies form your browser.
14.7. The choice is yours whether you want to delete cookies at any time. Be mindful that you may lose any information that enables you to access the website more quickly and efficiently including, but not limited to, personalization settings.
14.8. It is recommended that you ensure that your Internet browser is up-to-date and that you consult the help and guidance provided by the developer of your Internet browser if you are unsure about adjusting your privacy settings.
OUR RESPONSIBLE USE OF YOUR DATA AND YOUR ELECTRONIC HEALTH RECORD
Medinsight WA Pty Ltd’s policies on data protection and privacy: how we collect, store and use your data and your Electronic Health Record are contained in our Privacy Policy which forms part of these Terms and Conditions.
TERMS OF SERVICE
Products and Services, Pricing and Availability
16.1. Medinsight WA Pty Ltd makes all reasonable efforts to ensure that all general descriptions of the Products and Services correspond to the actual Products and Services that will be provided to you. Please note, however that the exact nature may vary depending upon your individual requirements and circumstances.
16.2. The above clause does not exclude responsibility for mistakes due to negligence on our part and refers only to variations of the described products and services, not to different Products and Services altogether.
16.3. Medinsight WA Pty Ltd neither represents nor warrants that all products and services will be always available and cannot necessarily confirm availability until your order is completed. Availability indications are not provided on Doktorzz app and its affiliate website.
16.4. Medinsight WA Pty Ltd takes all reasonable steps to ensure that all prices shown on Doktorzz app and its affiliate website are correct at the time of going online. Medinsight WA Pty Ltd reserves the right to review and alter prices and to start or discontinue special offers from time to time and as necessary. All pricing information is reviewed and updated regularly. Changes in price will not affect any order that you have already placed.
16.5. Medinsight WA Pty Ltd checks all prices when we process your order. In the unlikely event that Medinsight WA Pty Ltd has shown incorrect pricing information, please note the following:
16.5.1. Medinsight WA Pty Ltd will contact you in writing or by telephone to inform you of the error and to ask your opinion about how you wish to proceed. Medinsight WA Pty Ltd will give you the option to purchase the products and ervices at the correct price or to cancel your order (or the affected part thereof). Medinsight WA Pty Ltd will not proceed with processing your order until we have received a response from you. If Medinsight WA Pty Ltd does not receive a response from you within 1 day, Medinsight WA Pty Ltd will treat your order as cancelled and notify you of the same in writing;
16.5.2. Should the price of products and services you have ordered change between your order being placed and Medinsight WA Pty Ltd processing that order and taking payment, you will be charged the price shown on Doktorzz app and its affiliate website at the time of placing your order
16.5.3. All prices on Doktorzz app and its affiliate website include GST (Goods and Services tax) where applicable. If the GST rate changes between your order being placed and Medinsight WA Pty Ltd taking payment, the amount of GST payable will be automatically adjusted when taking payment.
16.6. Subscriptions on Doktorzz app and its affiliate website are calculated annually, quarterly or monthly and payable in advance.
16.7. You acknowledge that subscriptions will automatically renew upon the end of the agreed term, unless you provide an email or written request to cancel the subscription prior to the end of the relevant subscription period.
Ordering
17.1. Doktorzz app and its affiliate website will guide you through the ordering process. Before submitting your order to Medinsight WA Pty Ltd, you will be given the opportunity to review your order, accept these Terms and Conditions and amend any errors. Please ensure that you have carefully reviewed your order before submitting it.
17.2. Your access to any part of Doktorzz app and its affiliate website does not invariably constitute a contractual offer capable of acceptance. Your Order constitutes a contractual offer that Medinsight WA Pty Ltd may, at our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that Medinsight WA Pty Ltd has accepted it. Our acceptance is indicated by either your entry into a Doktorzz app Waiting Room for a consultation with a healthcare provider where you will also be asked to confirm your personal details or by Medinsight WA Pty Ltd or Doktorzz app sending you an Order Confirmation by telephone or email. A telephone order confirmation is a legally binding contract. In the case of an email, only when Medinsight WA Pty Ltd or Doktorzz app has sent you an Order Confirmation will there be a legally binding contract between Medinsight WA Pty Ltd and you (“the Contract”).
17.3. Order Confirmations shall contain the following information:
17.3.a. Confirmation of the Products and Services ordered including full details of the main characteristics of those Products and Services;
17.3.b. Clearly itemized pricing for the Products and Services ordered including, where appropriate, taxes and other additional charges;
17.4. Should you change your mind, you may cancel your Order or the Contract before or after Medinsight WA Pty Ltd begin providing the Products and Services subject to these Terms and Conditions. For details of your cancellation rights, please refer to the clauses below.
17.5. Medinsight WA Pty Ltd may cancel your Order at any time before Medinsight WA Pty Ltd starts providing the Products and Services in the following circumstances:
17.6. The required personnel and/or required materials necessary for the provision of the Products and Services are not available; or
17.7. An event outside of Our control (please refer to Clauses below for events outside of Our control).
17.8. If Medinsight WA Pty Ltd cancels your Order after having taken payment, any such sums will be refunded to you as soon as possible and in any event within 60 days. If Medinsight WA Pty Ltd cancels your Order, you will be informed by email or text as appropriate.
Product and Service delivery
18.1. On the date agreed when you make your Order (which Medinsight WA Pty Ltd shall confirm in the Order Confirmation), Medinsight WA Pty Ltd will begin providing the products and services. Medinsight WA Pty Ltd will use all reasonable endeavours to provide the Products and Services with reasonable skill and care, commensurate with best practice.
18.2. Medinsight WA Pty Ltd will make every reasonable effort to provide the Products and Services in a timely manner. Medinsight WA Pty Ltd cannot be held responsible for any delays if an event outside of our control occurs. Please refer to Clause 24, for events, outside of our control.
18.3. If Medinsight WA Pty Ltd requires any information or action from you to provide the products and services, Medinsight WA Pty Ltd will inform you of this as soon as is reasonably possible. Depending upon the nature of the products and services you have ordered, Medinsight WA Pty Ltd may require prior information or action such as confirmation of the details or your preferred Pharmacy, Family Physician and Health Information.
18.4. Medinsight WA Pty Ltd will not be liable for any delay caused if the information you provide or the action you take under Clause 18, is delayed, incomplete or otherwise incorrect.
18.5. Medinsight WA Pty Ltd may suspend the order on your products and services in certain circumstances, for example where there is a delay in you providing Medinsight WA Pty Ltd information or taking-action required under Clause 18. Medinsight WA Pty Ltd will inform you of such suspension by email.
18.6. If circumstances dictate that Medinsight WA Pty Ltd has to temporarily suspend services in a bid to resolve a technical issue, Medinsight WA Pty Ltd will endeavour to inform you in advance by emal unless the issue is of an emergency nature.
18.7. In the unfortunate event that products and services are suspended or interrupted under Clauses 18, you will not be required to pay for them during the period of suspension if you access those products and services. You must, however, pay any sums that may already be due by the appropriate due date(s).
18.8. If you do not pay Medinsight WA Pty Ltd, its licencees or delegates for the products and services as required by Clause 17, Medinsight WA Pty Ltd may suspend the products and services until you have paid all outstanding sums due. If this happens, we will inform you by email. You may be charged an administrative nominal fee for this reminder.
Cancellation Rights
19.1. You have a right to a “cooling off” period within which you can cancel the contract for any reason. This period begins once your order is accepted and Medinsight WA Pty Ltd have sent you an Order Confirmation, i.e. when the Contract between you and Medinsight WA Pty Ltd comes into effect. The period ends at the end of 14 calendar days’ after that date.
19.2. If you wish to exercise your right to cancel under this Clause 19, you must inform Medinsight WA Pty Ltd of your decision within the cooling off period. You may do so in any way you wish by contacting us on Doktorzz app or its affiliate website.
19.3. Medinsight WA Pty Ltd may request your feedback on your reasons for cancelling and may use any answers you provide to improve our services. However, you are not under obligation to provide any detail if you do not wish to.
19.4. If the products and services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the products and services begin within the 14 (fourteen) calendar day cooling off period you acknowledge and agree to the following:
19.5. If the products and services are fully performed within the 14 (fourteen) calendar day cooling off period, you will lose your right to cancel after the products and services are complete.
19.6. If you cancel after provision of the products and services has begun but is not yet complete, you will still be required to pay for the products and services provided up until the point you inform Medinsight WA Pty Ltd that you wish to cancel. The amount due shall be prorated in proportion to the full price of the products and services and the actual products and services already provided including any initial administration costs. Any sums that have already been paid for the products and services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 60 (sixty) calendar days after you inform Medinsight WA Pty Ltd that you wish to cancel. Refunds will be made using the same payment method you used when ordering the products and services.
Cancellation After the Legal Cancellation Period
20.1. Cancellation of Contracts after the 14 (fourteen) calendar day cooling off period has elapsed shall be subject to the specific terms governing those products and services and may be subject to a minimum contract duration. Details of the relevant duration, cancellation provisions and minimum notice periods will be confirmed for the products and services in Our Order Confirmation.
20.2. To cancel under Clause 18, you must inform Medinsight WA Pty Ltd of your decision to do so. You may do so by doing so via Doktorzz app or its affiliate website.
20.3. You may be entitled to immediate cancellation by giving Medinsight WA Pty Ltd written notice in the following circumstances:
20.4. A breach of the Contract in a material way by Medinsight WA Pty Ltd and a failure on our part to remedy the breach within 30 calendar days of you asking in writing for Medinsight WA Pty Ltd to do so;
20.5. Medinsight WA Pty Ltd goes into liquidation or have a receiver or administrator appointed over our assets;
20.6. Medinsight WA Pty Ltd changes these Terms and Conditions to your material disadvantage;
20.7. Medinsight WA Pty Ltd is adversely affected by an event outside of our control that continues for more than 30 calendar days.
20.8. You will be required to pay for products and services supplied up until the point at which you inform Medinsight WA Pty Ltd that you wish to cancel (please note that this may include charges in full for any work and services that Medinsight WA Pty Ltd have undertaken or already provided where Medinsight WA Pty Ltd have reasonably incurred costs. Such sums will be deducted from any refund due to you or, if no refund is due, Medinsight WA Pty Ltd will invoice you for the relevant sums. Details of the relevant terms will be provided at the time of cancellation. If you are cancelling due to our failure to comply with these Terms and Conditions or the Contract, you will not be required to make any payment to Medinsight WA Pty Ltd (unless such failure is due to an event outside of our control or is due to your failure to comply with any of your obligations).
20.10. Refunds under Clause 20 will be issued to you within 60 (sixty) calendar days’ after the date on which you inform Medinsight WA Pty Ltd that you wish to cancel. Refunds will be made using the same payment method you used when ordering the products and services unless you specifically request that Medinsight WA Pty Ltd make a refund using a different method.
Our Rights to Cancel
21.1. For cancellations before we begin providing the Products and Services, please refer to Clause 17.
21.2. Medinsight WA Pty Ltd may cancel the products and services after Medinsight WA Pty Ltd have begun providing them due to an event outside of our control that continues for more than 30 (thirty) calendar days, or due to the non-availability of required personnel and/or required materials necessary for the provision of the products and services. In such cases, you will only be required to pay for products and services that Medinsight WA Pty Ltd have already provided up until the point at which Medinsight WA Pty Ltd informs you that Medinsight WA Pty Ltd is cancelling the contract. Such sums will be deducted from any refund due to you or, if no refund is due, Medinsight WA Pty Ltd will invoice you for the relevant sums or no payment will be due from you and if you have already made any payment to us, such sums will be refunded to you.
21.3. Once Medinsight WA Pty Ltd has begun providing the products and services, Medinsight WA Pty Ltd may cancel the contract at any time and will give you at least 30 calendar days’ written notice of such cancellation. You will be required to make payments for products and services that you have received. Such sums will be deducted from any refund due to you. If no refund is due, Medinsight WA Pty Ltd will invoice you for the relevant sums.
21.4. Any refund due under this Clause 21 will be issued to you no later than 60 (sixty) calendar days’ after the day on which Medinsight WA Pty Ltd inform you of the cancellation. Refunds will be made using the same payment method you used when ordering the products and services unless you specifically request that Medinsight WA Pty Ltd make a refund using a different method.
21.5. Medinsight WA Pty Ltd may cancel immediately by giving you written notice in the following circumstances:
21.6. You fail to make a payment by the due date as set out in Clause 17. This does not affect our right to charge you interest on any;
21.7. If you breach the contract in a material way and fail to remedy the breach within 14 calendar days of Medinsight WA Pty Ltd asking you to do so in writing.
Defective Products and Services
22.1. Medinsight WA Pty Ltd always endeavours to ensure that our products and services are without defects. If, however, there is a problem with the products and services, please contact Medinsight WA Pty Ltd as soon as is reasonably possible via Doktorzz app and its affiliate website.
22.2. Medinsight WA Pty Ltd will endeavour to fix issues with the products and services as quickly as is reasonably possible and practical. In emergency situations, such as those where vulnerable people may be affected, Medinsight WA Pty Ltd will endeavour to remedy the issues within 24 hours.
22.3. Medinsight WA Pty Ltd will not charge you for fixing any issues under Clause 22 where the problems have been caused by Medinsight WA Pty Ltd or any of our licencees or delegates, or where nobody is at fault. If Medinsight WA Pty Ltd determines that a problem has been caused by you, including your provision of incorrect or incomplete information or taking of incorrect action, Medinsight WA Pty Ltd may charge you for the remedial work.
22.4. Medinsight WA Pty Ltd is required to provide the Products and Services with reasonable care and skill. You have a right to remediation if Medinsight WA Pty Ltd uses materials or other products that are not as described, not of satisfactory quality, or not fit for purpose. Nothing in these Terms and Conditions will affect these your statutory rights.
Our Liability
23.1. Medinsight WA Pty Ltd will be responsible for any foreseeable loss or damage that you may suffer because of our breach of these Terms and Conditions or because of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and Medinsight WA Pty Ltd when the Contract is forged. Medinsight WA Pty Ltd will not be responsible for any loss or damage that is not foreseeable.
23.2. Medinsight WA Pty Ltd provides products and services for domestic and private use or purposes. Medinsight WA Pty Ltd make no warranty or representation that the products and services are fit for commercial, business or industrial purposes of any kind including resale. Medinsight WA Pty Ltd will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
23.3. Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees, delegates or licencees) or for fraud or fraudulent misrepresentation.
23.4. Furthermore, nothing in these Terms and Conditions seeks to exclude or limit our liability as implied under applicable consumer protection laws and regulations with respect to:
23.5. Breach of your right to title and quiet possession;
23.6. Breach of terms relating to description, satisfactory quality and fitness for purpose; and
23.7. our liability relating to defective products.
Force Majeure events beyond our control
24.1. Medinsight WA Pty Ltd will not be liable for any failure or delay in performing our obligations where that failure or delay results from any event that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond our reasonable control.
24.2. If any event described under this Clause 24, occurs that is likely to adversely affect our performance of any of our obligations under these Terms and Conditions:
24.2.a. Medinsight WA Pty Ltd will inform you as soon as is reasonably possible;
24.2.b. Our obligations under these Terms and Conditions (and therefore the Contract) will be suspended and any time limits that Medinsight WA Pty Ltd are bound by will be extended accordingly;
24.2.c. Medinsight WA Pty Ltd will inform you in due course as soon as the force majeure event beyond our control is over and provide details of any new dates, times or availability of products and services as necessary;
24.2.d. Should the force majeure event beyond our control continue for more than 30 calendar days, Medinsight WA Pty Ltd may cancel the contract and inform you of the cancellation. Any refunds due to you because of that cancellation will be paid to you as soon as is reasonably possible and, in any event, no later than 14 calendar days after the date on which Medinsight WA Pty Ltd informs you of the cancellation; and
24.2.e. Should a force majeure event beyond our control occur and continue for more than 30 calendar days and you wish to cancel the contract, you may do so. Any refunds due to you because of cancellation will be paid to you as soon as is reasonably possible and, in any event, no later than 14 calendar days after the date on which you inform Medinsight WA Pty Ltd that you wish to cancel.
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