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Website and Services - Terms and Conditions

Thank you for visiting the website and/or registering to use our services. This website is owned and operated by HealthKit Pty Ltd ACN 131 908 597. By accessing and/or using this website, services available via the website and related services (collectively, website), you agree to these Terms and Conditions, which include our Privacy Policy (available at https://www.healthkit.com/terms-of-use#privacy-policy) (Terms). You are taken to have accepted our Privacy Policy when you accept these Terms. These Terms constitute an agreement between you and us. You should review our Privacy Policy and these Terms carefully and immediately cease using our services and/or the website if you do not agree to these Terms.

We may change our Terms from time to time by publishing changes to them on the website. We encourage you to check the website periodically to ensure that you are aware of our current Terms.

In these Terms:

  1. 'us', 'we' and 'our' means HealthKit Pty Ltd ACN 131 908 597 and our related bodies corporate; and
  2. ‘Data’ means any data inputted by you or with your authority into the website.

By registering to use the website you acknowledge that you have read and understood these Terms and have the authority to act on behalf of any person for whom you are using the website. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the website.

1. Registration

You must be a registered member to access certain features of the website.

When you register and activate your account, you will provide us with personal information such as your name and email address and telephone number. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy https://www.healthkit.com/terms-of-use#privacy-policy.

When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.

To create an account, you must be:

  1. at least 18 years of age;
  2. possess the legal right and ability to enter into a legally binding agreement with us; and
  3. agree and warrant to use the website in accordance with these Terms.
  4. Also to sign up as a practitioner, you must be properly registered or qualified in the profession you list as your profession when you sign up.

2. Use of Software

We grant you the right to access and use the website with the particular user roles available to you according to your membership type. This right is non-exclusive, non-transferable, and limited by and subject to these Terms.

3. Collection Notice

By accessing and/or using this website and related services, you agree and consent to the collection, use, disclosure and storage of personal and/or health information in accordance with the Privacy Policy.

4. Accuracy, completeness and timeliness of information

The information on the website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on the website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on the website. You should monitor any changes to the information contained on the website.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the website or a linked website. You must take your own precautions to ensure that whatever you select for your use from the website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

5. Promotions and competitions

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

We may, at our discretion, delete your Data. If we elect to do this, we will take reasonable steps to notify you in advance so that you are able to back-up your Data before it is deleted.

Practitioners and HealthKit users agree to the terms and conditions of promotions and competitions by participating in the promotion or competition.

6. 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.

7. Acknowledgement

You acknowledge that:

  1. You are authorised to use the website and to access the information and Data that you input into the website, including any information or Data input into the website by any person you have authorised to use the website.
  2. We have no responsibility to any person other than you and nothing in these Terms confers, or purports to confer, a benefit on any person other than you. If you use our services or access the website on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) you agree that:
    • You are responsible for ensuring that you have the right to do so;
    • You are responsible for authorising any person who is given access to information or Data, and you agree that we have no obligation to provide any person access to such information or Data without your authorisation and may refer any requests for information to you to address; and
    • You will indemnify us against any claims or loss relating to:
      1. our refusal to provide any person access to your information or Data in accordance with these Terms,
      2. us making available information or Data to any person with your authorisation.
  3. The provision of, access to, and use of, the website is on an "as is" basis and at your own risk.
  4. We do not warrant that the use of the website will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the website, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the website. We are not in any way responsible for any such interference or prevention of your access or use of the website. We make no warranty that:
    • errors or defects will be correct;
    • the website will be free of viruses or other harmful components; or
    • the website will not be affected by data entry errors, including incorrect entries, double entries or delayed entries, or incorrect or untimely data supplied by third parties.
  5. We are not your health or medical practitioner and use of the website does not constitute the receipt of health or medical advice. If you have any health or medical questions, please contact a health or medical practitioner.
  6. It is your sole responsibility to determine that the website meets your needs or the needs of your business and are suitable for the purposes for which they are used.
  7. You remain solely responsible for complying with all applicable privacy, health and other laws. It is your responsibility to check that storage of and access to your Data via the website will comply with laws applicable to you (including any laws requiring you to retain records).
  8. No advice or information, whether oral or written, obtained by you or through the website will create any warranty not expressly included in these Terms or required by law.

8. 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 in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).

Your use of this website 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. However, we do grant you a non-exclusive licence to access the website and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

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

Any Works you upload to the website or create using the website will vest in us upon creation. You assign to us all existing and future rights in all such Works. The assignment is effective without any payment to you, whether by way of royalty or otherwise, and is in perpetuity and without restriction as to use or territory. We grant you a non-exclusive license to access the Works on the terms and conditions set out in these Terms.

You must do all things necessary to give effect to the assignment, including executing any further document required by us, and do anything reasonably requested by us to enable us to further assure the rights assigned.

To the full extent permitted under Part IX of the Copyright Act 1968 (Cth), you:

  1. Voluntarily and unconditionally consent to all or any acts or omissions by us, or persons authorised by us, concerning any and all Works made or to be made by you (whether before or after this consent is given) in the course of your use of the website which would otherwise infringe tour Moral Rights;
  2. Waive any and all existing and future Moral Rights in the Works; and
  3. Acknowledge that you have given this consent voluntarily and without reliance on any statement or representation made by us, or anyone acting on our behalf.

Works and Moral Rights have the meanings given to them in the Copyright Act 1968 (Cth).

9. Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to the website, including but not limited to:

  1. any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
  2. using this website to defame or libel us, our employees or other individuals;
  3. uploading files that contain viruses that may cause damage to our property or the property of other individuals;
  4. posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.

If we allow you to post any information to the website, we have the right to take down this information at our sole discretion and without notice.

10. Warranties and disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure. We do not warrant that the website will meet your requirements or that it will be suitable for any particular purpose.

We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

11. Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of the website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

To the extent we are unable to exclude liability, our total liability for loss or damage you suffer or incur from your use of our website is limited in respect of any one incident, or series of connected incidents, to us re-supplying the website services to you, or, at our option, us refunding to you the amount you have paid us for the website services to which your claim relates in the previous month.

If you are not satisfied with the website, your sole and exclusive remedy is to cease using the website and terminate these Terms in accordance with Clause 14.

12. Indemnity

You indemnify us against all claims, costs, damage and loss arising from your breach of any of these Terms or any obligation you may have to us, including (but not limited to) any costs relating to the recovery of any fees that are due but have not been paid by you.

13. Communication with you

You agree and consent to being contacted by us or third parties:

  1. about your use of this website;
  2. by receiving reminders in respect of appointments via SMS / text or email, or other electronic communications;
  3. providing you with news and information about our services;
  4. responding to any specific request that you make of us;
  5. notifying you of any changes to, enhancements of, or outages that may affect the website; and
  6. providing you with the opportunity to ‘opt-in’ to receiving promotional material from time to time from us our third parties.

14. Termination

If you:

  1. Breach any of these Terms and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
  2. Breach any of these Terms and the breach is not capable of being remedied, including not paying amounts due to us or using our services for any purpose other than as authorised by us;
  3. you or your business become insolvent or your business goes into liquidation or has a receiver or manager appointed of any of its assets or if your become insolvent, or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction,

we may take any or all of the following actions, at its sole discretion:

  1. terminate these Terms and your use of the website;
  2. suspend you from using the website for any definite or indefinite period of time;
  3. suspend or terminate your access to all or any Data; and
  4. take any of the actions in this clause in respect to any or all other persons that you have authorised to have access to your information or Data or account.

For the avoidance of doubt, if payment is not made in accordance with the requirements set out in the fee schedule, we may suspend or terminate your use of the website, the authority for all or any of your authorised representative to use the website, or your rights of access to all or any Data. We also reserve the right to terminate your access to the website or temporarily suspend your access to the website for any reason, in our absolute discretion. In these circumstances, acting reasonably, we will provide you with the ability to access your Data to download onto your own system.

15. Service availability

Whilst we intend that the website should be available 24 hours a day, seven days a week, it is possible that on occasions the website may be unavailable to permit maintenance or other development activity to take place.

If for any reason we have to interrupt the services on the website for longer periods than we would normally expect, we will use reasonable endeavours to publish in advance details of such activity on the website.

16. Jurisdiction and governing law

Your use of the website and these Terms are governed by the law of Victoria, Australia, and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia.

17. Entire agreement

These Terms, together with our Privacy Policy and the terms of any other notices or instructions given to you under these Terms, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between you and us relating to our services and website and the other matters dealt with in these Terms.

18. Waiver

If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

19. Dispute Resolution

If there is a dispute between the parties in relation to these Terms, the parties agree to the following dispute resolution procedure:

  1. 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 parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
  2. If the parties cannot agree how to resolve the dispute at the Initial Meeting, any party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Institute of Victoria to appoint a mediator. The mediator will decide the time and place for mediation. The parties must attend the mediation in food faith, to seek to resolve the dispute.
  3. Any attempts made by the parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the parties under these Terms, by law or in equity.

20. Delays

Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.

21. No Assignment

You may not assign or transfer any rights to any other person without our prior written consent.

22. Severability

If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of these Terms will be binding on the parties.

23. Notices

Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to us must be sent to or to any other email address notified by email to you by us. Notices to you will be sent to the email address which you provided when setting up your access to the website.

24. Rights of Third Parties

A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms

25. Accrued Rights

Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of these Terms you will:

  1. remain liable for any accrued charges and amounts which become due for payment before or after termination; and
  2. immediately cease to use our services and the website.

PRACTITIONER SPECIFIC CLAUSES

In these Terms:

(a) ‘fees schedule’ means the information relating to subscriptions and billing set out on our subscriptions and billing pages on the website, or any other page(s) on the website notified by us or in any other communication from us provided to you, which may be updated or amended by us from time to time.

1. General

If you are a practitioner user (meaning, you are not a patient or consumer for the purposes of your use of the website), you acknowledge and agree that:

  1. in addition to the general Terms, these practitioner specific terms apply to your use of the Website;
  2. in the case of conflict between the general Terms and these practitioner specific terms, the practitioner specific terms, the practitioner specific terms will prevail;
  3. the Data that you have access to will depend on whether you are an Authorised User or the account holder. That is, access to an Authorised User can be terminated or suspended by the account holder at their absolute discretion;
  4. in the case of inconsistency between the general Terms and these practitioner specific terms, the practitioner specific terms will prevail.

2. Access by other users

You acknowledge and agree that:

  1. In the event that you authorise or permit any person or entity, other than the yourself to use the services and/or the website via your account (Authorised User), you are responsible for all Authorised User’s use of our services or the website;
  2. you control each Authorised User’s level of access to the relevant service or website services at all times and can revoke or change an Authorised User’s access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an Authorised User or shall have that different level of access, as the case may be;
  3. if there is any dispute between you and an Authorised User regarding access to any service or membership, you shall decide what access or level of access to the relevant Data or service or website that Authorised User shall have, if any.

3. Payment obligations

Invoices will be issued to you in accordance with the details set out in the fee schedule. We will continue invoicing you in accordance with the fee schedule until these Terms are terminated in accordance with Clause 14 in the main Terms above.

All invoices will be sent to you by email or are shown on the Expenses page of your HealthKit account. Payment of all amounts specified in an invoice must be paid in accordance with the fee schedule. You are responsible for payment of all taxes and duties.

We may increase our fees at any time by giving you at least two weeks’ notice. If you do not elect to terminate these Terms in accordance with Clause 14 in the main Terms, then you will be taken to have accepted the increased fees.

We may terminate or suspend your access to, and use of our services or website if fees are not paid in accordance with the fee schedule.

4. GST

If and when applicable, goods and services tax (GST) payable on services we provide via our website will be set out on our invoices. By accepting these Terms, you agree to pay us an amount equivalent to the GST imposed on these charges.

5. General obligations

You must only use the website for your own lawful internal business purposes, in accordance with these Terms and any notice sent by us or condition posted on the website. You may use the website in order to provide services to others but if you do so you warrant to us that:

  1. You are complying with all relevant laws including in relation to your reporting and obligations to Medicare, health insurers, and other funding bodies;
  2. You are authorised to do so; and
  3. That all persons for whom or to whom services are provided are aware of and comply with and accept all terms of these Terms that apply in relation to Data, including the Privacy Policy.

6. Indemnity

You are responsible for, and indemnify us against, liability for all loss, damage or injury to persons or property arising from a material breach of these Terms by you, inaccuracy or fraud in the information you process via our website (including patient payments), a breach of any of the warranties set out in clause 5 above, or the negligent actions of the you or your employees, agents or sub-contractors in connection with your use of the website.

7. Your acknowledgment

You acknowledge that our services and website are a service for the recording and collation of Content and is not intended as a replacement of your own professional diagnoses, professional services or professional obligations.

8. Consumer guarantees

You warrant and represent that you are acquiring the right to access and use the website for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of services by us, the website or these Terms.

9. Contacting your patients

You warrant and represent that any request that you make to us to contact your patients, whether by SMS or otherwise, is a form of contact and correspondence that your patients have expressly agreed to and that the express agreement from your patients includes consent to receive marketing correspondence from us.

10. Sharing Data as a practitioner

In addition to the matters set out in our Privacy Policy, you expressly agree that any information that you upload onto our website can be shared between:

  1. Practitioner user and practitioner user;
  2. Practitioner user and patient user; and
  3. Practitioner to public communications

This includes allowing other practitioners and patients to be able to access information about you such as contact information and information relating to your use of our website. For example, other practitioners are able to use our website to determine whether you utilise secure messaging services via our website.

Payment Processing Terms

These Payment Processing Terms form part of the HealthKit Pty Ltd “Website and Services – Terms and Conditions” (Terms) and must be read together with the Terms. By accessing or using the website, services available via the website and related services, you agree to be bound by these Payment Processing Terms. Words and phrases that correspond to defined terms in the Terms have the same meaning in these Payment Processing Terms as they do in the Terms.

Part A – Patient payment terms

The terms and conditions set out in this Part A apply to persons (patients) who use the website, services available via the website and related services to arrange and/or pay for a service (including, without limitation, a health service, career or other counselling service or other type of professional service) (Service) to be provided by a third party (practitioner). In this Part A, ‘you’ means the patient or any person making a payment on behalf of the patient.

1. Payment method

1.1. When booking or arranging a Service using the website, you may provide to us such details of a payment facility which you are authorised to make payments with (your payment method) as we request at the time that you book the Service or any time thereafter. This will be the method by which you pay for the Service. By providing to us details of a payment facility, you warrant to us that you are authorised to make purchases using that payment facility and acknowledge that we will act in reliance on that warranty. For the avoidance of doubt, a payment facility includes, but is not limited to, a credit card, debit card or any other means by which payments can be made.

1.2. You agree that we may store details of your payment method for use in future payments for Services booked through the website. We may store details of your payment method on our servers or with a third party service provider. In either case, we will take reasonable steps to ensure that details of your payment method are stored securely and protected from loss or unauthorised access, use or disclosure.

1.3. You agree to ensure that the details of your payment method remain current and effective to enable us to debit payments for Services. If the details that we hold are incorrect or the payment facility has expired, we may decline to allow you to book Services using the website until you supply us with valid details of a current payment facility belonging to you.

2. Authority to debit your payment method

2.1. By booking a Service with a practitioner, you agree to pay the practitioner for that Service and authorise us to debit your payment method for the price of the Service on behalf of the practitioner. The price of the Service is set by the practitioner.

2.2. You agree that we may debit your payment method for the price of a Service at any time after we receive details of your payment method. We may, on the instruction of the practitioner, debit your payment method before, during or after the time at which the Service is scheduled to be provided to you.

2.3. In consideration for us providing a facility by which you can book Services, by booking a Service you agree not to withdraw our authority to debit your payment method for the price of that Service. This includes, without limitation, that you will not instigate a chargeback in relation to your payment method and the payment for any Services that you book.

2.4. You agree that, to the maximum extent permitted by law, we have no obligation to inquire into whether you have received, or will likely receive, a Service which you have booked with a practitioner. You agree that your conduct in booking or arranging a Service is itself sufficient to authorise us to debit your payment method on behalf of the practitioner.

3. Refunds and liability

3.1. We make no representations as to the quality of Services offered by practitioners through the website. You agree that we are not liable for any loss, harm or damage suffered as a result of a Service not being provided to you or not being provided with due care, skill and diligence by the practitioner. You also agree that we are under no obligation to attempt to procure any refund for you from the practitioner for Services that were not provided as scheduled or provided without due care, skill and diligence.

3.2. If we provide a refund of any amount debited by us on behalf of a practitioner, we will only credit the refund to the payment method from which the amount was originally debited.

3.3. If you direct us to pay a particular person or bank account, we accept no responsibility for, and you release and indemnify us from, any loss, harm or damage or damage suffered by you as a result of you directing us to pay the wrong person or supplying incorrect bank account details to us. Further, we are under no obligation to take steps to recover the payment for you.

3.4. If you reasonably believe that an unauthorised payment has been debited from your payment method or that you have been fraudulently induced to make a payment through the website, you must notify us as soon as practicable. We will take reasonable steps to investigate the circumstances of the payment and, if satisfied that it is unauthorised or fraudulently induced, take steps to recover the payment for you. We are not liable to refund any such amount to you unless and until we recover the amount in cleared funds from the payee.

3.5. You agree that we are not liable for any loss, harm or damage suffered by you as a result of us debiting, or attempting to debit, your payment method (including, but not limited to, overdraft, overlimit or dishonour fees) in accordance with clause 1.2.

3.6. You agree that we are not liable for any loss, harm or damage suffered by you as a result of the unavailability of any payment system or infrastructure that we may use to process payments made by you under these Terms.

3.7. You agree that we may set off any amount that we owe you under the Terms against any amounts that you owe to us under the Terms.

Part B – Practitioner payment terms

The terms and conditions set out below in Part B apply to practitioners (as defined in Part A above) who have entered into arrangements with us to permit patients to pay for Services through the website. In this Part B, ‘you’ means the practitioner and any Authorised User.

4. Payment processing service

4.1. As part of the website, we agree to provide you with a payment processing service by which we debit and process payments from patients for Services provided by you. We may, in our absolute discretion, use any third party payment systems and services that we consider appropriate in order to debit and process payments.

4.2. In providing the payment processing service, we act on your behalf in debiting and processing payments. In consideration for providing this service, you agree to pay the fee specified in the fees schedule in respect of each payment processed by us. We may deduct the fee from any payment that we make to you.

4.3. Through the website, you may:

  1. request that we debit and process a payment for a particular Service, or
  2. nominate in advance the time at which payment for a Service provided by you is to be debited to a payment facility belonging to the patient or a person paying on behalf of the patient (patient’s payment method).

4.4. We will take reasonable steps to ensure that payments are debited at the time nominated by you but accept no liability for any loss, damage or harm that may result from them being debited and/or processed at another time.

4.5. We will take reasonable steps to process payments as expeditiously as possible. However, we accept no liability for any loss, harm or damage suffered by you or any other person as a result of a delay in processing a payment.

4.6. Once a payment is processed, the amount of the payment less the fee specified in the fees schedule will be remitted to a bank account nominated by you.

4.7. To receive payments from us, you must nominate a bank account on the website. It is your responsibility to update your account details if they change subsequent to registering an account with us. If you do not nominate or provide us with up-to-date bank account details within six months of processing a payment through HealthKit, we reserve the right to absorb these funds into our revenue.

4.8. It is your responsibility to ensure that we are provided with the correct and up-to-date details for the bank account into which you would like funds to be deposited. We accept no responsibility for, and you release and indemnify us from, loss, harm or damage suffered as a result of us depositing funds into an account that you erroneously notified to us, and have no obligation to take steps to recover such payments for you.

4.9. You may only use the payment processing service to process payments for Services of a type authorised by us (either by notification on the website or by a direct written communication from us). You agree that you will not use the payment processing service to process payments for unauthorised or unlawful purposes.

4.10. We may refuse to process a payment or remit funds to you if we reasonably believe that the payment processing request to which it relates contravenes clause 4.9 or any other element of these Payment Processing Terms.

4.11. Nothing in these Payment Processing Terms operates to prevent us from sharing information with law enforcement authorities if we reasonably believe that unlawful conduct has occurred in connection with your use of the payment processing service.

4.12. We may at any time limit the value of individual payments that can be made to you through the payment processing service. We will notify any individual payment limit on the website or by email to you (we may choose the method of notification at our sole discretion). We may change any individual payment limit at any time without prior notice.

4.13. We may suspend the payment processing service, or your access to the payment processing service, without notice at any time if it is reasonably necessary to comply with any applicable law or to protect our legitimate commercial interests.

5. Refunds and chargebacks

5.1. In requesting that we process a payment, you warrant to us that you are entitled to receive the payment from the patient and that we are authorised to debit the patient’s card for the amount of the payment. You acknowledge that we act in reliance on that warranty in debiting and processing the payment.

5.2. If a payment that we process is subsequently recovered (whether by card chargeback or otherwise) by the payer, you must pay to us:

  1. any amount that we remitted to you in respect of the recovered payment, and
  2. the amount of any fees and charges incurred by us as a result of the payment being charged back or recovered,

within 3 business days of us notifying you of the recovered payment and requesting payment from you.

5.3. We may, in our absolute discretion, set off any amount owed by you to us (including payments recovered as a result of a chargeback) from any payment that owe to you and remit to you the net amount.

5.4. If you have given us a direct debit request, we will process a direct debit to recover the amount you owe us. The terms of our Direct Debit Service Agreement and our Direct Debit Request will apply to any direct debit that we process.

5.5. If we hold details of a credit card, debit card or other payment facility belonging to you, you agree that we may debit that card or payment facility for any amount owed to us under clause 5.2.

5.6. If you fail to repay any amount owed to us under clause 5.2 by the time specified in the notice given under that clause, we may in our absolute discretion decline to process future payments requested by you or suspend your access to the website.

Part C – HealthKit Credits

The terms and conditions set out below in Part C apply to practitioners only. In this Part C, ‘you’ means the practitioner or any Authorised User.

6. HealthKit Credits

6.1. You may purchase HealthKit credits from us. We will sell HealthKit Credits to you at the price notified on the website from time to time. We will allocate HealthKit Credits to your account when we receive the purchase price in cleared funds from you. We are not responsible for, and you release and indemnify us from, any loss, harm or damage suffered by you as a result of any delay in funds used to purchase HealthKit Credits clearing in our account.

6.2. You can use HealthKit Credits allocated to your account to pay for any services that we notify you require HealthKit services to use in connection with the website. The services that you may pay for using HealthKit Credits are those notified as being able to be paid for in HealthKit Credits from time to time. We may vary the set of services able to be paid for using HealthKit Credits at any time without notice.

6.3. HealthKit Credits will be applied towards the fee payable for a particular service at the time that the service is requested by you. The fee payable for any particular service will be notified in the fees schedule from time to time. To apply HealthKit Credits towards the fee payable for a particular service, you must specify that the service is to be paid for using HealthKit Credits when requesting the service through the website, in the way prescribed by us through the website.

6.4. We may in our absolute discretion limit the number of HealthKit Credits that may be held by a person at any time. If we impose or change such a limit, we will notify you through the website. We may refuse to sell you HealthKit Credits if it would cause your HealthKit Credit balance to exceed the limit imposed by us. If when we impose a limit, your HealthKit Credit balance exceeds the limit imposed by us, we may convert your excess HealthKit Credits to cash at the price notified on the website and remit the proceeds to the bank account nominated by you.

6.5. You may view a statement setting out the number of HealthKit Credits allocated to your account at any time and summary information affecting your HealthKit Credit balance.

6.6. HealthKit Credits allocated to your account do not expire.

6.7. We may suspend the HealthKit Credit service at any time if it is reasonably necessary to comply with any applicable law or to protect our legitimate commercial interests.

6.8. We may cancel any or all of the HealthKit Credits allocated to your account if:

  1. we reasonably suspect that, in any way connected to the HealthKit Credit service, you have acted dishonestly, fraudulently or in breach of any applicable law, or
  2. we reasonably believe that such cancellation is necessary to protect our legitimate commercial interests, including our reputation.

6.9. We may terminate the HealthKit Credit service at any time on giving reasonable notice via the website. If we terminate the HealthKit Credit service, we will convert your HealthKit Credits to cash at the amount that you paid for them and deposit that amount into your nominated bank account as soon as reasonably practicable. We can only convert your HealthKit Credits to cash if your account remains active; if your account is closed and we terminate the HealthKit credit service, any of your unused HealthKit credits lapse and cannot be converted to cash.

6.10. If you terminate your account with us, you will not be entitled to any refund for unused HealthKit Credits allocated to your account.

6.11. HealthKit Credits do not create any trustee-beneficiary relationship between us and you or any other person.

6.12. HealthKit Credits are not property and cannot be transferred, sold, bequeathed or inherited.

Collection Statement

HealthKit Pty Ltd ACN 131 908 597 ('we', 'us' or 'our') collect personal information about you in order to provide you with services relating to health records of you or your patients and for purposes otherwise set out in our Privacy Policy at https://www.healthkit.com/terms-of-use#privacy-policy.

The information you provide will be collected by or on behalf of us and may be disclosed to third parties, including those that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all our services to you. Your data is stored in Australia, and we may disclose your personal information to recipients that are located outside of Australia, including to Xero (which stores data in the USA) if you integrate your HealthKit and Xero accounts.

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at . By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and this Collection Notice.

 

Privacy Policy

In this Privacy Policy, 'us' 'we' or 'our' means HealthKit Pty Ltd ACN 131 908 597 and our related bodies corporate. We are committed to respecting your privacy. Our Privacy Policy sets outs out how we collect, use, store and disclose your personal information. We are bound by the Australian Privacy Principles contained in the Privacy Act.

By providing personal information to us, you consent to our collection, use and disclosure of your personal information in accordance with this Privacy Policy and any other arrangements that apply between us. We may change our Privacy Policy from time to time by publishing changes to it on our website. We encourage you to check our website periodically to ensure that you are aware of our current Privacy Policy.

Personal information includes information or an opinion about an individual that is reasonably identifiable. For example, this may include your name, age, gender, postcode and contact details. It may also include financial information, including your credit/debit card and/or bank account information.

In addition to this Privacy Policy, we comply with various privacy legislation, including:

  1. the Privacy Act 1988 (Cth) (“Privacy Act”) (including the Australian Privacy Principles under that Act);
  2. health records legislation, including the Health Records Act 2001 (Vic), Health Records and Information Privacy Act 2002 (NSW), Health Records (Privacy and Access) Act 1997 (ACT); and
  3. marketing legislation, including the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth).

Collection of personal information - what, how and why

We may collect the following types of personal information:

  1. your name, address, telephone and email contact details;
  2. your gender, date of birth or age and marital status;
  3. your billing details;
  4. if you are a practitioner, your areas of focus and contact details
  5. health information recorded in our system either by you or your practitioner including the treatment you have received, including date, service type, description of the service, which practitioner treated you, test results, current and past medical history, data uploaded by any of your connected health devices;
  6. your bank account or credit/debit card information;
  7. government related identifiers, including your Medicare number;
  8. your device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;
  9. details of the products and services we have provided to you or that you have enquired about, including any additional information necessary to deliver those products and services and respond to your enquiries;
  10. any additional information relating to you that you provide to us directly through our website or indirectly through your use of our website or app or online presence or through other websites or accounts from which you permit us to collect information;
  11. information you provide to us through customer surveys; or
  12. any other personal information that may be required in order to facilitate your dealings with us.

We may collect these types of personal information either directly from you, or from third parties. We may collect this information when you:

  1. register on our website;
  2. communicates with us in person, by phone, via mail, through correspondence, chats, email, online, or when you or your practitioner share information with us from other social applications, services or websites, or when we contact you or your practitioner through any means;
  3. interact with our sites, services, content and advertising or when you or tour practitioner register, log in for and use services offered by us; or
  4. invest in our business or enquire as to a potential purchase in our business.

In addition;

  1. when you apply for a job or position with us we may collect certain information from you (including your name, contact details, working history and relevant records checks) from any recruitment consultant, your previous employers and others who may be able to provide information to us to assist in our decision on whether or not to make you an offer of employment or engage you under a contract. This Privacy Policy does not apply to acts and practices in relation to employee records of our current and former employees, which are exempt from the Privacy Act.
  2. We may also collect your personal information from other persons or entities.
  3. Through your use of our services or website, we may also collect information from you about someone else. If you provider us with personal information about someone else, you must ensure that you are authorised to disclose that inflation to us and that, without us taking any further steps required by applicable data protection or privacy laws, we may collect, use and disclose such information for the purposes described in this Privacy Policy. This means that you must take reasonable steps to ensure the individual concerned is aware of and/or consents to the various matters detailed in this Privacy Policy, including the fact that their personal information is being collected, the purposes for which that information is being collected, the intended recipients of that information, the individual’s right to obtain access to that information, our identity, and how to contact us. Where requested to do so by us, you must also assist us with any requests by the individual to access or update the personal information you have collected from them and entered into our website.

We may collect, hold, use and disclose your personal information for the following purposes:

  1. to enable you or your practitioner to access and use our website and our services;
  2. to operate, protect, improve and optimise our website and our services, business and our users’ experience, such as to perform analytics, conduct research and for advertising and marketing;
  3. to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
  4. for medical research purposes, including providing this information to third parties for this purpose;
  5. to send you marketing and promotional messages and other information that may be of interest to you, including information sent by, or on behalf of, our business partners that we think you may find interesting;
  6. to administer rewards, surveys, contests, or other promotional activities or events sponsored or managed by us or our business partners;
  7. to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties; and
  8. to consider your employment application.

We may also disclose your personal information to a trusted third party who also holds other information about you. This third party may combine that information in order to enable it and us to develop anonymised consumer insights so that we can better understand your preferences and interests, personalise your experience and enhance the products and services that you receive.

We and/or our carefully selected business partners may send you direct marketing communications and information about our services. This may take the form of emails, SMS, mail or other forms of communication, in accordance with the Spam Act and the Privacy Act. You may opt-out of receiving marketing materials from us by contacting us using the details set out below or by using the opt-out facilities provided (eg an unsubscribe link).

In order to allow us to provide, manage and administer our products and services to you and to operate an efficient and sustainable business, we may be required to disclose your information to third parties. This may include disclosure in the following circumstances:

  1. our employees and related bodies corporate;
  2. hospitals, medical and ancillary service providers (for example, practitioners);
  3. any persons acting on your behalf including those persons nominated by you, executors, trustees and legal representatives;
  4. lawyers, auditors and other advisors appointed by us or acting on our behalf;
  5. where disclosure is required by law, including compulsory notices from courts of law, tribunals or government agencies;
  6. third party suppliers and service providers (including providers for the operation of our websites and/or our business or in connection with providing our products and services to you);
  7. government and regulatory bodies, including, Medicare, the Australian Taxation Office, the Department of Veterans Affairs and the Department of Health and Ageing;
  8. professional advisers, dealers and agents;
  9. payment systems operators (eg merchants receiving card payments);
  10. our existing or potential agents, business partners or partners;
  11. our sponsors or promoters of any competition that we conduct via our services;
  12. anyone to whom our assets or businesses (or any part of them) are transferred;
  13. specific third parties authorised by you to receive information held by us; and/or
  14. other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law.

We can aggregate Your non-personally identifiable data

By using our services, you agree that we can access and aggregate data we have collected from you using reasonable steps to use your personal information in a way it does not personally identify you. We may access, aggregate this data for our own use or for use by third parties:

  1. to audit, research, measure and analyse the information in order to maintain, administer, enhance and protect our products and services, including analysing usage trends and patterns and measuring the effectiveness of content, advertising, features or services;
  2. for contextual and cookie-based automated content delivery, such as tailored ads or search results;
  3. for health and medical research, public health and service activities, healthcare and medical related services; and
  4. to prepare aggregate reports for current or future advertisers, sponsors or other partners to show trends about the general use of our services. Such reports may include age, gender, geographic, demographic or other general user information, but do not include personal information that personally identifies you.

Disclosure of personal information outside Australia

If we send your information outside of Australia, we will require that the recipient of the information complies with local privacy laws and contractual obligations to maintain the security of the data.

Using our website and cookies

We may collect personal information about you when you use and access our website.

While we do not use browsing information to identify you personally, we may record certain information about your use of our website, such as which pages you visit, the time and date of your visit and the internet protocol address assigned to your computer.

We may also use 'cookies' or other similar tracking technologies on our website that help us track your website usage and remember your preferences. Cookies are small files that store information on your computer, TV, mobile phone or other device. They enable the entity that put the cookie on your device to recognise you across different websites, services, devices and/or browsing sessions. You can disable cookies through your internet browser but our websites may not work as intended for you if you do so.

We may also use cookies to enable us to collect data that may include personal information. For example, where a cookie is linked to your account, it will be considered personal information under the Privacy Act. We will handle any personal information collected by cookies in the same way that we handle all other personal information as described in this Privacy Policy.

You are responsible for transfer of your data to third-party applications

Our services may allow you, or others within the relevant subscription to our services to transfer Data, including your personal information, electronically to and from third-party applications and services. We have no control over, and take no responsibility for, the privacy practices or content of these applications or for their data storage processes. You are responsible for checking the privacy policy of any such applications so that you can be informed of how they will handle personal information.

Security

We may hold your personal information in either electronic or hard copy form. We take reasonable steps to protect your personal information from misuse, interference and loss, as well as unauthorised access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures to protect your personal information. However, we cannot guarantee the security of your personal information.

Links

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we are not responsible for the privacy practices of, or any content on, those linked websites, and have no control over or rights in those linked websites. The privacy policies that apply to those other websites may differ substantially from our Privacy Policy, so we encourage individuals to read them before using those websites.

Accessing or correcting your personal information

As required under the Australian Privacy Principles, you can access the personal information we hold about you by contacting us at . Sometimes, we may not be able to provide you with access to all of your personal information and, where this is the case, we will tell you why. We may also need to verify your identity when you request your personal information.

If you think that any personal information we hold about you is inaccurate, please contact us and we will take reasonable steps to ensure that it is corrected.

Making a complaint

If you think we have breached the Privacy Act, or you wish to make a complaint about the way we have handled your personal information, you can contact us at . Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.

Contact Us

For further information about our Privacy Policy or practices, or to access or correct your personal information, or make a complaint, please contact us using the details set out below:

Effective: 22 January 2019

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