Terms of use

HEALTHIER DELIVERY (ACN 611 714 384)

Healthier Delivery Pty Ltd (we, us or our), owns and operates the platform located at www.healthdelivered.com.au and any associated application software (Health Delivered or the Platform). As a user of Health Delivered (you, your) you agree to comply with these terms of use (as varied from time to time). In return, we agree to allow you to access and use the Platform for consecutive periods of one month (Term) starting on the day on which you (or an authorised person on your behalf) pays the first monthly instalment of the subscription fee (Subscription Fee) and continuing for so long as you or the authorised person continue to pay the Subscription Fee for each such month.

Disclaimer

The content on Health Delivered is provided by health care professionals.  As this content is submitted by individual users (including you), we and our associates (including licensors) (Associates) cannot guarantee its accuracy and we assume no legal liability or responsibility for the accuracy, currency or completeness of the information. Health care providers (including you) must make their own independent assessment of the currency, relevance and accuracy of the content relating to a patient before suggesting a diagnosis or recommending or instituting a course of treatment for that patient. The content on Health Delivered is intended as supplementary information only and should not be relied upon as a substitute for services provided by doctors and other health care professionals. We recommend scheduling regular consultations with health care professionals independently of using our Platform.

Using Health Delivered

Health Delivered is a cloud-based platform for the creation of personalised meal plans.

If you are a health care professional, in order to access certain functionality on Health Delivered, you must hold a valid Dietitians Association of Australia number (DAA), or such other  applicable accreditation pertaining to your field of expertise that is reasonably required by us, which must be recognised in your country of residence and approved by us. You must notify us if, at any time after you gain access to Health Delivered, you cease to hold a valid DAA or any other accreditation that we require.  

You must:

·       not access or use Health Delivered or its content in any manner or for any purpose that is illegal;

·       not use any device, software, process or means to interfere or attempt to interfere with the proper working of Health Delivered;

·       not hide, alter, distribute, reproduce or delete any copyright, trademark,proprietary notices, advertisements or any other information contained on HealthDelivered;

·       not use Health Delivered to transmit any spam, chain mail, or junk mail;

·       not use Health Delivered or post or otherwise disseminate on or through thePlatform any material that is offensive, inappropriate, misleading, unlawful,defamatory, harassing, libellous, tortious, abusive, threatening, or obscene material of any kind;

·       not  upload, post, introduce, or otherwise transmit through or on the Platform any viruses, material, or other harmful, disruptive or destructive subject matter which contain components harmful to Health Delivered.

·       not  disrupt, modify or interfere with the security of, or otherwise abuse, Health Delivered, or any services, system resources, software (including source code and object code), accounts, servers or networks connected to or accessible through Health Delivered;

·       not divulge your username and password to others, or use or attempt to use another's account, service or system without authorisation from us, or create or use a false identity on Health Delivered;

·       not  disrupt or interfere with any other user’s enjoyment of Health Delivered; and

·       take your own precautions to ensure your use of Health Delivered does not expose you to the risk of viruses, malicious computer code or other forms of interference,which may damage your own computer systems.  We will not be responsible for any interference or damage to your own computer systems or data that arises in relation to your use of Health Delivered.

Specific Obligations of healthcare professionals

Without limiting the preceding paragraph, before using Health Delivered to upload content in relation to a patient, you must obtain that patient’s informed consent to do so, including advising the patient that:

·       Health Delivered is a platform designed to facilitate access to records by treating healthcare professionals and to otherwise facilitate clinical care;

·       the content will be collected, stored, accessed, used and disclosed by us for the purposes of providing Health Delivered, and may be de-identified and used for other purposes, and the patient may contact us, including to make a request for access to and correction of the content, via our website at https://www.healthdelivered.com.au/contact-us;

·       the content may be transferred interstate within Australia but will not be transferred overseas; and

·       if the patient does not permit you to provide the content to, the consequences of such refusal.

You further agree:

·       to comply with all policies of ours or those of our Associates contained in, or referred to on, Health Delivered or as otherwise communicated to you by or on behalf of us from time to time;

·       not to access Health Delivered or any content for any purpose other than providing clinical care to an existing patient and you must not use Health Delivered or any content to solicit any other patient or otherwise gain an improper advantage for yourself or someone else;

Privacy

Our privacy policy, accessible here, forms part of the Terms of Use and should be read in conjunction with these terms.  It explains how we will treat any personal information you provide to us and what we will use it for. You warrant that any personal information you provide to us, either via Health Delivered or otherwise, has been collected and is provided to us in accordance with applicable privacy laws, as well as any industry codes of conduct, and all other applicable laws, regulations, rules, policies, and codes of conduct, and you agree to indemnify us for any loss or damage we incur which is caused or contributed to by your breach of this warranty.

We will use all reasonable endeavours to ensure that Health Delivered and its content is maintained in accordance with the Privacy Act 1988 (Cth), and relevant provisions of Health Records Act 2001 (Vic), Health Records andInformation Privacy Act 2002 (NSW) and Health Records (Privacy and Access) Act1997 (ACT) (Privacy Legislation).

We will implement such security safeguards as are reasonable in the circumstances to prevent loss, unauthorised access, use, modification or disclosure of any content and against all other misuse.  We will also provide access to, and correct, relevant content upon request of a patient, and we will keep and not destroy content, in accordance with thePrivacy Legislation.  We will not transfer any content overseas, but we may transfer it interstate within Australia.

Our Rights

We reserve the right to remove any content for any reason, but we are not responsible for any failure or delay in removing such material. We also reserve the right to, at any time and for any reason, deny you future access to Health Delivered or impose conditions on your access. If you feel we have been unfair in our moderation please email us setting out your concern and provide a way for us to contact you, and we will contact you to discuss it further.

Access

We use all reasonable endeavours to ensure that Health Delivered is accessible, but there will betimes when access may be suspended in order to perform necessary maintenance,updates, or upgrades.  We reserve our right to suspend or terminate access to Health Delivered at any time without reason and without notice.

Intellectual property

Unless otherwise identified,all content on Health Delivered, including, but not limited to, text, icons,graphics and the intellectual property rights subsisting in such content, is our property or the property of our Associates. 

No part or portion of the content on Health Delivered may be sold, modified, reproduced, transmitted,distributed or used in any manner except as provided in these Terms of Use or with our prior written consent.

ThirdParty Websites and Applications

Health Delivered may provide links to other websites for your convenience or to refer you to third party suppliers. We may also use third party applications (such as Stripe andIntercom), to provide payment, messaging and other functionality on HealthDelivered.

We are not liable for, and make no representations or warranties in relation to:

a)    the content (including the accuracy, legality or decency) of any linked or third party site or application; or

b)    the security or privacy measures of any linked or third party site or application.

You must make your own enquires as to the suitability of the content of linked sites and the goods and services available from them. Third party sites and applications, and your use of such sites and applications, may be governed by separate terms and conditions. We recommend you read any applicable terms and conditions prior to accessing or making use of such third party sites or applications.

Suspension

If you (or another person on your behalf) fails to make any payment of the Subscription Fee, we may suspend your access and use of Health Delivered until such outstanding amount is paid.

Termination

We may for any reason terminate your account or your access to Health Delivered without liability to you or any third party.  Notwithstanding the foregoing, provided you are not in breach of your obligations under these Terms of Use, we will refund on a pro rata basis 50% of the Subscription Fee paid to us in respect of your access and use of the Platform.  If we exercise any such termination right we will send an e-mail to the e-mail address recorded on your account and termination will be effective upon us sending that e-mail (and will be considered effective even if the e-mail is not delivered for any reason).

You may terminate your account for any reason at any time by sending a clear request that your account be terminated to info@healthdelivered.com.au. We will endeavour to implement your request promptly. Upon termination, you are required to pay all outstanding fees owing to us, including any Subscription Fees that remain outstanding.

If your account is terminated,we will provide to you a copy of any of your content on our servers or otherwise in our possession. You acknowledge and agree that, under the PrivacyLegislation, we have certain obligations in respect of retention and destruction of Your Content.

Warranty

In respect of content that you contribute to Health Delivered, you warrant that:

·      each patient to whom your content relates has given their informed consent for us to collect, store, access, use and disclose such content for the purposes of providing Health Delivered and otherwise in accordance with these Terms of Use;

·      you have all necessary rights to contribute such content to Health Delivered and allow such content to be used in accordance with these Terms of Use;

·      such content;

o  has been collected by you in a diligent and professional manner and in accordance with, and in such manner that when used for the purposes of providing Health Delivered and otherwise in accordance with these Terms of Use will comply with, the Privacy Legislation and all other applicable laws, regulations, rules, policies, and codes of conduct;

o  is accurate, relevant, up to date and complete and comprises legitimate and original content; and

o  will not infringe any third party intellectual property rights when used by us or on, or in connection with, the Platform.

Liability

In no event will our aggregate liability, nor that of our Associates, to you in connection with these Terms of Use exceed AU$300.  Where any legislation implies in these Terms of Use any term, condition or warranty, and also renders void any provision in a contract which purports to exclude or modify the application or exercise of,or liability under, such term, condition or warranty, such term, condition or warranty will be deemed to be included in these Terms of Use.  However, our aggregate liability and that of our Associates for any breach of such term, condition or warranty will be limited, at our option, to supplying the services to you again or the payment to you of the cost of having the services supplied again, and you acknowledge and agree that it is fair and reasonable for us to rely on this paragraph.

We do not provide warranties or guarantees for content in or linked to, or for any products and services provided on, Health Delivered. To the extent permitted by law, we exclude all liability for any direct or indirect injury, loss, claim, or damage under the law of contract, tort or otherwise, including loss of property, loss of business, loss of internet connection, loss of profit, loss, or corruption of data, loss of use, whether foreseeable or not, that arises out of, or in connection to the use of or access to Health Delivered.

It is your responsibility to ensure that all information you provide to us is accurate and up to date. We exclude liability for any loss or damage caused as a result of you providing incorrect information or failing to provide us with certain information,including information relating to dietary requirements or other health care requirements.

We take no responsibility for the contents of our meal plans and exclude all liability for any loss or damage caused as a result of our meal plans. You are responsible for reviewing the contents of our meal plans and confirming that these conform to any dietary requirements or other health care requirements that you or an individual under your care(including a patient) has.

Communications

If you contact us or leave a comment on Health Delivered, we will make all efforts to respond to your comments, but we cannot guarantee we will do so.

We will from time to time monitor or review the contents of Health Delivered and we reserve the right toe dit, refuse to post, or to remove any information and/or material (in whole orin part) that, at our sole discretion, we consider to be objectionable or in violation of any applicable law.

Payment

Upon subscribing to Health Delivered, your subscription will auto-renew each month and you will be billed the same amount each month in accordance with this subscription. You agree that we may use payment processing platforms which may automatically deduct the subscription fee each month while your subscription is valid. If you wish to arrange a different method of subscription or payment, it is your responsibility to specify this during the sign-up process.

General

If any part of these terms and conditions are determined to be illegal, invalid or otherwise unenforceable or void, that part shall be severed to the extent necessary and the remainder of these terms and conditions shall continue in full force and effect. Our failure to enforce any right under these terms and conditions will not be construed asa waiver of that right or any other right under these terms and conditions. This document constitutes the entire agreement between you and us in regards to your use of Health Delivered and its terms may not be varied without our written consent.  We may vary these terms at anytime without notice to you by posting amended terms to our website www.healthdelivered.com.au or such other domain at which we have an online presence from time to time.

These Terms of Use shall be governed by laws of the State of Victoria, Australia.

Contact Us

If you have any feedback, questions or comments you can contact us on info@healthdelivered.com.au.

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