Terms of Use

Welcome to Healthengine! These Terms of Use ('Terms') govern your use of our website located at www.healthengine.com.au ('the Website') and mobile applications (together, 'the Network'). The Network is owned and operated by Healthengine Limited of PO Box 7754, Cloisters Square PO, WA 6850, Australia ('H.E.').

We encourage you to read these Terms carefully. By accessing or using the Network in any way, you acknowledge and confirm that you have read and understood these Terms and agree to abide by these Terms. If you do not agree to any of the Terms, you must not use the Network.

Licence to Use Network

1.1 H.E. grants to you a limited, revocable right to access and use the Network and to print pages therefrom for personal, non-commercial or informational purposes only. Use of any automated system or software, whether operated by a third party or otherwise, to extract any data from this website for commercial purposes ("screen scraping") is strictly prohibited.

1.2 Except as permitted under these Terms and applicable laws, no part of the Network may be otherwise reproduced, adapted or transmitted in any form by any process without the specific written consent of H.E.

Copyright in Network Content

2.1 Copyright in all content contained on the Network, including but not limited to text, drawings, photographs and page layout, subsists under, and is protected by, the Copyright Act 1968 (Cth) and international copyright laws and, unless stated otherwise, is owned by H.E. or used by H.E. under licence.

H.E. Trade Marks

3.1 Unless otherwise indicated, the Healthengine® and Open Appointments® logos appearing on the Network are trade marks belonging to H.E. Any use of these trade mark without the prior written consent of H.E. is a breach of the Trade Marks Act 1995 (Cth) and relevant laws in other countries and is expressly prohibited.

3.2 Third party trade marks may appear on the Network and all rights therein are reserved to the registered owners of those trade marks.

Linking to the Website

4.1 H.E. grants to you a limited, revocable, non-exclusive right to create a hypertext link to the home page of the Website, provided that H.E. is notified of, and approves, such hyperlink and such hyperlink does not portray H.E. or its products in a false, misleading or otherwise illegal or offensive manner.

4.2 You may not make any part of the Website available as part of another website by use of inline imaging, framing technologies or any other method of incorporating parts of the Website into another site without the prior written consent of H.E.

4.3 You will be liable for any direct or indirect consequences of hyperlinking or framing and will fully indemnify H.E. in respect of any loss or damage suffered by HE in respect thereof.

Linked Third Party Websites and Information

5.1 The Network may contain links to third party information and products. Such content and links are not owned, operated or maintained by H.E. nor are they affiliated or associated with H.E. in any way, unless indicated on the external site.

5.2 H.E. is not responsible for the content of any third party material appearing on the Network or any third party sites linked to the Network. Such information, advertisements or links are purely for information purposes only and are not endorsements by H.E. as to the quality, accuracy or completeness of the third party information or sites.

5.3 If you decide to access any of the third party services or websites advertised or linked, you do so entirely at your own risk and, as far as lawfully possible, H.E. accepts no liability or responsibility for the actions or omissions of users of the Network or linked sites in relation to the content contained therein.

5.4 H.E may publish special offers made by its health, wellness and technology partners for goods and/or services on the Network.  If you purchase these offers, H.E may receive a payment from the partner providing the offer.

User Submissions & Testimonials

6.1 Subject to its legal obligations with respect to privacy, any material, information or testimonials submitted to H.E. and posted on the Network will be considered as having been voluntarily submitted for use by H.E. and as non-confidential and non-proprietary information and H.E. is free to use such information on the Network and otherwise at its sole discretion, whether for commercial or non-commercial purposes and without liability or compensation to any person or entity.

Limitation of Liability

7.1 All express or implied guarantees, warranties, representations, statements, terms and conditions relating to these Terms that are not contained in these Terms, are excluded to the maximum extent permitted by law.

7.2 H.E. is not:

(a) a healthcare provider and is not liable in any respect for your care or for advice provided to you by a practitioner; and

(b) responsible for maintaining or storing any health or medical records on behalf of a practitioner.

7.3 While H.E. takes all reasonable care to include accurate and up-to-date information on the Network, the information provided should not be relied upon as being error free or accurate and H.E. makes no representation or warranty as to the timeliness, accuracy, suitability or completeness of any information, content, services, materials and products provided on or via the Network, nor does it accept any responsibility arising in any way for errors or omissions.

7.4 As far as lawfully possible, H.E. accepts no liability or responsibility for the actions or omissions of any users of the Network in relation to the content contained herein.

7.5 All information provided on the Network is general in nature and does not constitute medical or any other form of advice and is provided 'as is' without warranty of any kind, express or implied, to the fullest extent possible under law.

7.6 In no event will H.E. be liable to any party for any direct, indirect, incidental or consequential damages or losses whatsoever arising from access to, reliance on, or use of or downloading of information from the Network, (or any associated or linked online service), including, without limitation, damages for loss of profits, business interruption, loss or information or damage to systems due to viruses or other harmful components.

7.7 H.E. is not responsible for the deletion, failure to store, misdelivery, or untimely delivery of any material accessed through the Network or external sites and will not be liable for any damage or loss whatsoever resulting from any users downloading or accessing any information or material through the Network.

7.8 H.E. does not accept any responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of the Network (including hypertext links to external sites if any) for any reason whatsoever.

7.9 H.E. does not guarantee that files or programs executed and/or downloaded from the Network or provided via the Network are free from viruses and other unauthorised or malicious code or corruption that could damage or interfere with data, hardware or software and H.E. is not liable for any such damage or interference which may be suffered in connection with use of the online services.

7.10 H.E. does not guarantee the security of any information sent to the Network via the Internet and such information is sent at the transmitter's own risk.

7.11 H.E. does not endorse the content of advertisements appearing on the Network and has no liability in respect thereof.

7.12 These Terms apply except to the extent of any inconsistency with any applicable law (including consumer protection laws such as the Australian Consumer Law), in which event such law will prevail to the extent of the inconsistency. If any provision of these Terms is void, illegal, invalid or unenforceable, the Terms will be read down to the extent necessary to ensure they are not void, illegal, invalid or unenforceable. For the avoidance of doubt, nothing in these Terms is intended to exclude, restrict or modify your rights including under consumer protection laws such as the Australian Consumer Law which cannot be excluded, restricted or modified.

Changes to the Network

8.1 H.E. reserves the right to revise, change, modify or delete the content of any part of the Network, including any product available through the Network, at any time in its sole discretion and without prior written notice.

8.2 H.E. reserves the right to terminate or restrict access to the Network or modify, suspend or cancel any of the online services provided via the Network at any time without notice.

Updates

9.1 H.E. reserves the right to revise, change or modify these Terms at any time by posting new Terms on the Network or by otherwise providing notice to you such as via email or notification in the Network. You are bound by any such revisions and should therefore visit the Terms each time you visit the Network to review the current Terms by which you must abide.

Dealings with Practitioners via the Network

10.1 H.E. does not itself provide any medical or health service but merely provides the platform which enables you to access health services from a third party health care provider (‘Practitioner’).

10.2 As the information appearing on the Network is provided to H.E. by third parties, H.E. will have no liability in respect of any loss or damage arising from:

10.3 H.E. will determine, at its discretion, the method by which it confirms to Users of its booking or prescription systems or other related functionality ('Users') that their booking or request for a prescription, medical certificate, referral or other health service has been recorded via the Network.

10.4 H.E. is not an agent for any of the Practitioners listed on this Network and H.E. has no responsibility for and no liability whatsoever in respect of the conduct of an appointment by the Practitioner, reviewing or fulfilment of any request for prescription, medical certificate, referral or other health service, timing of an appointment or the provision of a health service, attendance at an appointment or quality of service provided by a Practitioner. Appointment availability and timeframes for responding to requests for health services are the responsibility of Practitioners, and H.E. cannot ensure that Practitioners run to time, do not have conflicting appointments, and meet all timeframes for responding to prescription, referral, medical certificate and other health service requests. You agree to complete the booking form questions including any clinical questions relating to requests for health services truthfully, and not omit information which is or may be relevant to your care. If your matter is urgent, including if you have a medical emergency, you should confirm any appointments or requests for health services directly with the Practitioner, and if necessary seek urgent medical or hospital attention.

10.5 By making a booking and providing your contact details, you understand that you may be contacted by email, phone or SMS in relation to your appointment, and other products and services. Please refer to H.E.’s Privacy Policy for further details.

Telehealth

11.1 Telehealth services are provided by third party Practitioners, and H.E. is not responsible for, and has no control over a telehealth consult or the health service provided by the Practitioner. The terms and conditions of the Practitioner will apply in respect of the telehealth services.

11.2 To the maximum extent permitted by law, H.E. will not be liable for, and you release it from and against any liability caused by or contributed to, arising from or connected with the telehealth services provided to you by a Practitioner.

11.3 H.E. does not guarantee that a telehealth consultation is the appropriate course of treatment for your particular health care problem. The Practitioner has the sole discretion to decide whether or not a telehealth consultation is appropriate, whether or not to provide any particular service, and to determine the health services required.

11.4 Certain health services cannot be delivered via telehealth consultations. For example, physical examinations, blood tests, diagnostic imaging or other tests which may be required. If the Practitioner decides that the health service you require cannot be delivered via a telehealth consultation, the Practitioner will advise you of alternative health care options available to you.

 

Payments and Refunds

12.1 A Practitioner or H.E. may offer you the ability to make online payments for health products and services you have requested. Payment options are displayed on the Network. You agree to pay all fees or charges in accordance with these Terms and the fees and charges in effect at the time a fee or charge is due and payable.

12.2 All fees and charges associated with an online payment of health products or services via the Network are pre-paid on the credit card provided by you and you agree that H.E. is authorised to immediately process the payment at the time your booking is completed. Payment processing services are provided by Stripe Payments Australia Limited ("Stripe") or Tyro Payments Limited (“Tyro”) as the case may be via the Network and are not in any way controlled by H.E.. You acknowledge and agree that:

(a) Stripe's terms of use and privacy policy apply to your access and use of the Stripe payment processing service; and

(b) Tyro’s terms of use, privacy statement and consent, and privacy policy apply to your access and use of the Tyro payment processing service.

12.3 Whether you are entitled to any refund for a health product or service, will be determined by the Practitioner you booked the appointment with or H.E. (as applicable). Refunds, if applicable, will only be made using the online payment gateway to the card originally used for payment.

 

Privacy

13.1 H.E. may collect your personal information including sensitive information during your use of the Network, or where your Practitioner has incorporated Healthengine technology in the course of providing services to you.

13.2 In providing any personal information to H.E. via the Network, you agree to H.E. handling that personal information as described in its Privacy Policy, as amended from time to time.

13.3 You warrant that you have obtained the consent of any third person whose personal information you post to the Network.

13.4 H.E. may change its Privacy Policy from time to time at its discretion and without notice. If any such changes are made, H.E. will make all reasonable efforts to bring those changes to the attention of its Users.

Fingerprint, Face or Iris Recognition Technology for Access

14.1 When logging in or using certain functionality in the H.E. mobile app, you may be given the option of using your fingerprint, facial recognition, or similar biometric identifiers (“Biometric Identifier”) in order to authenticate you when this becomes available and if supported by your device. If you choose to use a Biometric Identifier access for the H.E. mobile app, you will still need your password and must set and protect your password.

14.2 You must not activate, or keep activated, the Biometric Identifier access setting if you store any Biometric Identifiers on your device other than your own Biometric Identifiers. If you do allow anyone else’s Biometric Identifiers to be stored on your device, and if you activate the Biometric Identifier access setting (despite this being against these Terms of Use) you will be deemed to have authorised that person to access and use the H.E. mobile app on your behalf and you agree that you will be responsible for that person’s requests and interactions using the H.E. mobile app.

14.3 If you or someone else changes the Biometric Identifier access settings on your device, then (as a security measure) the Biometric Identifier access to the H.E. mobile app will become disabled and you will be prompted to enter your password to log into the H.E. mobile app. You should only re-enable the Biometric Identifier access setting if you are sure that the changes that were made to your Biometric Identifier access settings were made by you.

14.4 Biometric Identifier functionality is technology provided by third parties such as Apple, Google and mobile phone manufacturers. Accordingly, H.E. is not responsible:

(a) for any malfunction to the Biometric Identifier functionality; or

(b) if those third parties make any changes to Biometric Identifier technology that impacts the way you access the H.E. mobile app.

14.5 You will still be able to access the H.E. mobile app using your password.

 

Push Notifications

15.1 You consent to H.E. sending you push notifications through the H.E. mobile app. With your consent, H.E. may send push notifications or alerts to your mobile device even when you are not logged in. Alerts sent via push notification will be sent to any device on which you have installed and registered the H.E. mobile app with notifications enabled. Alerts could be seen by others (including unauthorised persons) who use or access your device. H.E. uses push notifications to send you notifications related to the services offered by H.E. or H.E. third party partners. You can manage your push notification preferences or deactivate these notifications at any time by turning off the notifications through the applicable settings on your device.

 

Location Enabled Features

16.1 When you use the H.E. mobile app and with your consent, we may collect and use your precise (or GPS) location information to enhance your use of the H.E. mobile app. Location information may be used to verify your location and deliver content based on your location. Please note that turning off location services may affect certain features of the H.E. mobile app.

16.2 Certain location-enabled functionality and information may be made available in the H.E. mobile app. You must exercise your own judgment as to the adequacy and appropriateness of the information. To the extent permitted by law, all location based information is provided entirely as is without warranties of any kind.

Applicable Laws

17.1 These Terms of the Network are governed by the laws of the State of Western Australia.

The content on or accessible through healthengine.com.au is for informational purposes only and does not constitute medical advice. You should always talk to a qualified medical professional about any questions you may have about a medical condition. If you think you have a medical emergency, you should call your doctor or the emergency services immediately. Any decisions you make affecting your health should always be made in consultation with a doctor, and not on the basis of the content on or accessible through healthengine.com.au.

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