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Terms & Conditions
Definitions and interpretation
In these Terms and Conditions, unless otherwise indicated:
Agreement means the Terms of Use, Booking Policies, Prescription Shipping and Returns, Partner Pharmacy Terms of Sale, and any other policies referenced in these Terms and Conditions.Australian Consumer Law means the law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
DoctorSync Platform refers to the technology platform and related services made available via the Site, which may be used by third-party clinics, practitioners, pharmacies, and other service providers to deliver services to end users.
User refers to a person who accesses or uses the DoctorSync Platform or Site.
User Content means any and all information and content that a User submits to, or uses with, the Site or Services, including without limitation, content in the User’s profile, User reviews and/or postings.
Site refers to doctorsync.com.au.
Terms of Use
DS DIGITAL TECHNOLOGY PTY LTD (ABN 42 624 115 484) (trading as DoctorSync Technologies) (DoctorSync, us, we, or our) own and operate the Site. Access to and use of the Site and the products and services available through the Site (collectively, Services) is subject to the following terms, conditions and notices (Terms of Use). By using the Services, you are agreeing to all the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.
The Site provides access to the DoctorSync Platform, which may be used by third-party clinics, practitioners and other health service providers to offer consultations and related services to Users. DoctorSync is a platform provider and is not responsible for the advice provided by third-party practitioners or service providers, and does not make any representations about their expertise or suitability of the advice provided, or not provided. The Site may also provide you with access to pharmacies or businesses which may dispense products prescribed or recommended by a practitioner. DoctorSync is not responsible for the quality or suitability of any products provided by third parties.
Amendment of the Terms of Use
DoctorSync reserves the right to amend the Terms of Use at any time. Any changes will be published on the Site. Amendments will be effective upon publication on the Site. Your continued use of the Site represents an agreement to be bound by the amended Terms of Use.
Linked sites
The Site contains links to other websites which are not owned or operated by DoctorSync, for your information and convenience. DoctorSync has no control over websites which it does not own or operate and accepts no responsibility for any loss or damage that may arise from your use of other websites.
Privacy policy
DoctorSync’s Privacy Policy (the Privacy Policy) sets out how we will collect, use and disclose your information. By using the Site, you consent to the collection, use and disclosure of your information in accordance with the Privacy Policy.
Intellectual property
a. Apart from any use permitted under the Copyright Act 1968 (Cth) you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute content on the Site in any way except as expressly provided for on the Site or expressly authorised in writing by DoctorSync. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material available on the Site.
b. Excluding User Content, you acknowledge that all the intellectual property rights in the Site and Services are owned by DoctorSync or DoctorSync’s licensors. The provision of the Site and Services does not transfer to you or any third party, any rights, title, or interest in or to such intellectual property rights.
c. Copyright/Trademark Information. Copyright © 2020, DS DIGITAL TECHNOLOGY PTY LTD (ABN 42 624 115 484). DoctorSync™; the DoctorSync logo; “DoctorSync” (collectively, Marks) are trademarks of DS DIGITAL TECHNOLOGY PTY LTD (ABN 42 624 115 484). You acknowledge and agree that You are not permitted to use DoctorSync’s Marks or any third-party marks displayed on our site without prior written consent from, respectively, DS DIGITAL TECHNOLOGY PTY LTD (ABN 42 624 115 484) or the owners of such third-party marks.
Eligibility
You must be 18 years of age to use the DoctorSync Platform within Australia.
Accounts
a. In order to use certain features of the Site (e.g. the DoctorSync Platform), you must register for an account with DoctorSync (a DoctorSync Account). You will be prompted to provide information about yourself by the DoctorSync Account registration form. You represent and warrant that:(i) all required registration information you submit is complete and accurate;(ii) and you will maintain the accuracy of such information at all times.
b. You may not create more than one DoctorSync Account.
c. DoctorSync may suspend or terminate your DoctorSync Account in accordance with these Terms of Use.
d. You may delete your DoctorSync Account at any time, for any reason, by sending an email to support@doctorsync.com.au which includes your DoctorSync Account email, full name and your request to delete your account.
e. You are responsible for maintaining the confidentiality of your DoctorSync Account login information and are fully responsible for all activities that occur under your DoctorSync Account. You agree to immediately notify DoctorSync of any unauthorized use, or suspected unauthorized use, of your DoctorSync Account or any other breach of security. DoctorSync cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
f. We may permit you to login to the Site or Service or otherwise associate your DoctorSync Account with your login credentials from certain social networking sites (SNS) (for example, Facebook and Twitter). We may receive information about you from an SNS, in accordance with the terms and conditions of the SNS.
Disclaimers
a. Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy.
b. All information contained on the Site and services is for informational purposes only and is not a substitute for medical or health practitioner consultation.
c. DoctorSync is not responsible for your relationship with any practitioners, third party service providers, or other Users of the Site or Services.
d. DoctorSync is not obliged to screen third parties to determine whether they are qualified or authorized by law to provide their services or to determine the accuracy of the information they provide.
e. Any information accessed through the Site and Services, or within any of DoctorSync’s social media pages or channels is for informational and educational purposes only, is not intended to be a substitute for medical advice, diagnosis, or treatment.
Indemnity
a. In this clause, a reference to DoctorSync includes its officers, directors, contractors, employees and agents.
b. You agree to indemnify and hold DoctorSync harmless from any and all losses (including reasonable legal costs and expenses) or liabilities incurred by DoctorSync arising from any claim, demand, suit, action or proceeding by any person against DoctorSync arising from, in connection with or in respect of:(i) your violation of the User Terms; or(ii) your publication of or distribution of any material or information.
c. Subject to any consumer guarantees under the Australian Consumer Law which cannot be excluded, in no event shall DoctorSync be liable to you or any third party for any lost profit, or an indirect, consequential, exemplary, incidental or special or punitive damages arising from this agreement and from the use of the Site or inability to use the Site.
Access and use of the Site
a. LicenseSubject to the terms of this Agreement, DoctorSync grants you a non-transferable, non-exclusive license to use the Site and Services for your personal, non-commercial use. Subject to the terms of this Agreement, DoctorSync grants you a non-transferable, non-exclusive license to install and use the software DoctorSync makes available for mobile devices (Mobile App), in executable object code format only, solely on your own handheld mobile device and for your personal, non-commercial use. As used in this Agreement, the term “Services” includes the Mobile App.
b. Certain RestrictionsThe rights granted to you under the Terms of Use are subject to the following restrictions:
(i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services;
(ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services;
(iii) you shall not access the Site or Services in order to build a similar or competitive service.
Modification
DoctorSync reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that DoctorSync will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.
Communications
Text message
a. Where you have provided us with your phone number, you agree that DoctorSync and those acting on its behalf may send you text (SMS) messages. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. Your agreement to receive promotional texts is not a condition of any purchase or service offered by DoctorSync. If you change or deactivate the phone number you provided to DoctorSync, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. You agree that texts, calls, or pre-recorded messages may be generated by automatic telephone dialling systems.
b. You may opt-out of receiving all text messages from DoctorSync at any time by deleting your account or by replying STOP to any text message from DoctorSync. NOTE: opting-out of receiving all text messages from DoctorSync may limit your ability to use certain Services. You may continue to receive text messages for a short period while DoctorSync processes your request, and you may also receive text messages confirming the receipt of your opt-out request.
c. You may opt back into receiving text messages from DoctorSync at any time by notifying DoctorSync or by replying START to a text message from DoctorSync.
Email
d. Where you have provided your email address, you agree that we may send you emails concerning our Services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.
User Content
a. You acknowledge and agree that DoctorSync is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. DoctorSync does not assume and will not have any liability or responsibility to you or any other person or User for your use or misuse of any User Content.
b. You agree not to use the Site, Services, or any of DoctorSync’s social media pages or channels to collect, upload, transmit, display, or distribute any User Content that:
(i) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
(ii) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libellous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature; or
(iii) in violation of any law, regulation, or obligations or restrictions imposed by any third-party.
c. You hereby grant, and you represent and warrant that you have the right to grant, to DoctorSync an irrevocable, nonexclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Feedback
If you provide DoctorSync any feedback or suggestions regarding the Site or Services (Feedback), you hereby assign to DoctorSync all rights in the Feedback and agree that DoctorSync shall have the right to use such Feedback and related information in any manner it deems appropriate. DoctorSync will treat any Feedback you provide to DoctorSync as non-confidential and non-proprietary. DoctorSync will not modify the Feedback. You agree that you will not submit to DoctorSync any information or ideas that you consider to be confidential or proprietary.
Acceptable Use Policy
a. You agree not to use the Site or Services to:
(i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data;
(ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
(iii) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
(iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks;
(v) harass or interfere with another User’s use and enjoyment of the Site or Services; or
(vii) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services.
You agree:
(i) Not to submit any false, incorrect or misleading information through your usage of the Site
(i) Not to reproduce, duplicate, copy or re-sell any part of our Site or content, including graphics, icons, logos and service names;
(i) Not to access without authority, interfere with, damage or disrupt any part of our Site, including:any equipment or network on which our site is stored;any software used in the provision of our site; and / orany equipment, network or software owned by any third party
b. We reserve the right (but have no obligation) to review any User Content (including any image files or reviews), investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, terminating your DoctorSync Account in accordance with these Terms of Use, and/or reporting you to law enforcement authorities) if we in our sole discretion suspect that you have violated the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.
Third-party interactions
During use of the Site or Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers including practitioners, clinics, pharmacies, advertisers, or sponsors showing their goods and/or services through the Service. DoctorSync is not a party to any transaction that you may enter into with a third party. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third party. DoctorSync shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction, or promotion between you and any such third-party.
Third-party materials
The Site or Services might display, include, or make available third-party content (including data, information, articles applications or other products, services and/or materials) or contain links to third party websites, services, and advertisements for third parties (Third-Party Materials). You acknowledge and agree that DoctorSync is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Third-Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk.
Deals
The Site or Services might display, include, or make available coupons, promotional codes, giveaways, samples, and other offers (Deals). Deals constitute Third-Party Materials under these Terms of Use. DoctorSync displays these Deals on the Site and Services as a form of advertisement for the third party only. All Deals are offered directly by the applicable third party.
Other Users
Each User of the Site or Services is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content.
Release regarding other Users, Third-Party Interactions or Third-Party Materials
You hereby release and forever discharge DoctorSync (and our officers, directors, contractors, employees, agents, successors, and assigns) from, and hereby waive and relinquish your rights with respect to, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Service users, Third-Party Interactions, or Third-Party Materials.
Term and termination
a. Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services.
(i) We may suspend your rights to use the Site and/or Services (including your DoctorSync Account); or
(ii) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement.
b. Even after this Agreement is terminated, the provisions of this Agreement which are capable of operating will remain in effect.
Jurisdiction
This Agreement is governed by the laws of the State of Victoria.
Dispute resolution
a. Pre-Arbitration dispute resolution
Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@doctorsync.com.au. If such efforts prove unsuccessful in the reasonable opinion of DoctorSync, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute.
b. Arbitration
Except for disputes brought in small claims court or tribunal, all disputes between you and DoctorSync arising out of, relating to or in connection with the Site or Services shall be exclusively settled through binding arbitration pursuant to the then-current rules of Victoria for commercial arbitration.
c. Confidentiality
All aspects of the arbitration proceeding will be strictly confidential for the benefit of all parties.d. Future changes to dispute resolutionIf DoctorSync makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice of to DoctorSync.
Booking Policies
Consultation cancellations
Your appointment is important to us and is reserved especially for you. We understand that life can sometimes get in the way and changes and cancellations may be necessary. Should you need to make changes to your appointment, we kindly ask that you provide a minimum of 24–48 hours’ notice. This policy is in place to allow your practitioner to offer your allocated time to another patient. You may be charged a cancellation fee equal to the cost of the consultation for any missed or cancelled appointments where you have provided less than 24 hours’ notice (as determined by the applicable clinic or practitioner).
Consultation refunds
Fees charged for consultations (if any) may be charged by third-party practitioners or clinics via the DoctorSync Platform and may be non-refundable, subject to the applicable provider’s terms and Australian Consumer Law.
Prescription Shipping and Returns
Prescription Delivery & Returns
Dispatch, delivery and refunds of prescription products are per third-party pharmacies’ terms and conditions (as well as any other relevant policies). By accessing these services through the DoctorSync Platform, you agree to the relevant third-party pharmacy terms and conditions and any other relevant policies.
Partner Pharmacy Terms of Sale
Where the DoctorSync Platform enables access to independent partner pharmacies to fulfil a prescription, goods purchased from those pharmacies are subject to the following terms and conditions (and any additional terms provided by the pharmacy).
Acceptance of Good
To ensure privacy and safe delivery, pharmacy deliveries may require a signature upon acceptance. Prescription products cannot be given an authority to leave direction. If no one is present to sign, the package may be taken to the nearest post office for collection.
Title & Risk
The sale occurs upon your order leaving the dispensing pharmacy and title to the goods pass to you at that time. You are the legal owner of the products and the products are at your risk upon delivery.
Returns & Refunds Policy
Refunds may not be provided on prescription items, pharmacy medicines or pharmacist-only medicines due to state health regulations. Please contact the relevant pharmacy (or support@doctorsync.com.au for platform assistance) if an item is faulty, not as described, unsafe, or not of acceptable quality.
Damaged or Incorrect Products
Please contact the relevant pharmacy within 3 days of receipt if products arrive damaged or incorrect. You may be required to provide an image of the damaged or incorrect product.
Treatment Plan Subscription Consent
Through services made available via the DoctorSync Platform, third-party providers may create a personalised plan for medical products and consultations delivered to you monthly in packaged boxes on a subscription basis (“Treatment Plan”). By subscribing to and using those services, you agree to the following terms:
a. Subscription and Delivery: You will receive a customised package containing medical products and consultation services on a monthly basis as part of your Treatment Plan, as determined by the applicable provider.
b. Follow-up Consultations: You may be required to schedule and attend follow-up consultations at least every six (6) months (or as otherwise required by the applicable provider) to monitor progress and suitability.
c. Acknowledgement and Agreement: By clicking "Agree" and subscribing, you acknowledge that you understand and accept any follow-up consultation requirements imposed by the applicable provider.
d. Modifications: Your Treatment Plan may be modified based on follow-up outcomes or changes in your medical condition.
e. Termination: Failure to attend required follow-ups may result in suspension or termination of services by the applicable provider.
In these Terms and Conditions, unless otherwise indicated:
Agreement means the Terms of Use, Booking Policies, Prescription Shipping and Returns, Partner Pharmacy Terms of Sale, and any other policies referenced in these Terms and Conditions.Australian Consumer Law means the law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
DoctorSync Platform refers to the technology platform and related services made available via the Site, which may be used by third-party clinics, practitioners, pharmacies, and other service providers to deliver services to end users.
User refers to a person who accesses or uses the DoctorSync Platform or Site.
User Content means any and all information and content that a User submits to, or uses with, the Site or Services, including without limitation, content in the User’s profile, User reviews and/or postings.
Site refers to doctorsync.com.au.
Terms of Use
DS DIGITAL TECHNOLOGY PTY LTD (ABN 42 624 115 484) (trading as DoctorSync Technologies) (DoctorSync, us, we, or our) own and operate the Site. Access to and use of the Site and the products and services available through the Site (collectively, Services) is subject to the following terms, conditions and notices (Terms of Use). By using the Services, you are agreeing to all the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.
The Site provides access to the DoctorSync Platform, which may be used by third-party clinics, practitioners and other health service providers to offer consultations and related services to Users. DoctorSync is a platform provider and is not responsible for the advice provided by third-party practitioners or service providers, and does not make any representations about their expertise or suitability of the advice provided, or not provided. The Site may also provide you with access to pharmacies or businesses which may dispense products prescribed or recommended by a practitioner. DoctorSync is not responsible for the quality or suitability of any products provided by third parties.
Amendment of the Terms of Use
DoctorSync reserves the right to amend the Terms of Use at any time. Any changes will be published on the Site. Amendments will be effective upon publication on the Site. Your continued use of the Site represents an agreement to be bound by the amended Terms of Use.
Linked sites
The Site contains links to other websites which are not owned or operated by DoctorSync, for your information and convenience. DoctorSync has no control over websites which it does not own or operate and accepts no responsibility for any loss or damage that may arise from your use of other websites.
Privacy policy
DoctorSync’s Privacy Policy (the Privacy Policy) sets out how we will collect, use and disclose your information. By using the Site, you consent to the collection, use and disclosure of your information in accordance with the Privacy Policy.
Intellectual property
a. Apart from any use permitted under the Copyright Act 1968 (Cth) you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute content on the Site in any way except as expressly provided for on the Site or expressly authorised in writing by DoctorSync. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material available on the Site.
b. Excluding User Content, you acknowledge that all the intellectual property rights in the Site and Services are owned by DoctorSync or DoctorSync’s licensors. The provision of the Site and Services does not transfer to you or any third party, any rights, title, or interest in or to such intellectual property rights.
c. Copyright/Trademark Information. Copyright © 2020, DS DIGITAL TECHNOLOGY PTY LTD (ABN 42 624 115 484). DoctorSync™; the DoctorSync logo; “DoctorSync” (collectively, Marks) are trademarks of DS DIGITAL TECHNOLOGY PTY LTD (ABN 42 624 115 484). You acknowledge and agree that You are not permitted to use DoctorSync’s Marks or any third-party marks displayed on our site without prior written consent from, respectively, DS DIGITAL TECHNOLOGY PTY LTD (ABN 42 624 115 484) or the owners of such third-party marks.
Eligibility
You must be 18 years of age to use the DoctorSync Platform within Australia.
Accounts
a. In order to use certain features of the Site (e.g. the DoctorSync Platform), you must register for an account with DoctorSync (a DoctorSync Account). You will be prompted to provide information about yourself by the DoctorSync Account registration form. You represent and warrant that:(i) all required registration information you submit is complete and accurate;(ii) and you will maintain the accuracy of such information at all times.
b. You may not create more than one DoctorSync Account.
c. DoctorSync may suspend or terminate your DoctorSync Account in accordance with these Terms of Use.
d. You may delete your DoctorSync Account at any time, for any reason, by sending an email to support@doctorsync.com.au which includes your DoctorSync Account email, full name and your request to delete your account.
e. You are responsible for maintaining the confidentiality of your DoctorSync Account login information and are fully responsible for all activities that occur under your DoctorSync Account. You agree to immediately notify DoctorSync of any unauthorized use, or suspected unauthorized use, of your DoctorSync Account or any other breach of security. DoctorSync cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
f. We may permit you to login to the Site or Service or otherwise associate your DoctorSync Account with your login credentials from certain social networking sites (SNS) (for example, Facebook and Twitter). We may receive information about you from an SNS, in accordance with the terms and conditions of the SNS.
Disclaimers
a. Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy.
b. All information contained on the Site and services is for informational purposes only and is not a substitute for medical or health practitioner consultation.
c. DoctorSync is not responsible for your relationship with any practitioners, third party service providers, or other Users of the Site or Services.
d. DoctorSync is not obliged to screen third parties to determine whether they are qualified or authorized by law to provide their services or to determine the accuracy of the information they provide.
e. Any information accessed through the Site and Services, or within any of DoctorSync’s social media pages or channels is for informational and educational purposes only, is not intended to be a substitute for medical advice, diagnosis, or treatment.
Indemnity
a. In this clause, a reference to DoctorSync includes its officers, directors, contractors, employees and agents.
b. You agree to indemnify and hold DoctorSync harmless from any and all losses (including reasonable legal costs and expenses) or liabilities incurred by DoctorSync arising from any claim, demand, suit, action or proceeding by any person against DoctorSync arising from, in connection with or in respect of:(i) your violation of the User Terms; or(ii) your publication of or distribution of any material or information.
c. Subject to any consumer guarantees under the Australian Consumer Law which cannot be excluded, in no event shall DoctorSync be liable to you or any third party for any lost profit, or an indirect, consequential, exemplary, incidental or special or punitive damages arising from this agreement and from the use of the Site or inability to use the Site.
Access and use of the Site
a. LicenseSubject to the terms of this Agreement, DoctorSync grants you a non-transferable, non-exclusive license to use the Site and Services for your personal, non-commercial use. Subject to the terms of this Agreement, DoctorSync grants you a non-transferable, non-exclusive license to install and use the software DoctorSync makes available for mobile devices (Mobile App), in executable object code format only, solely on your own handheld mobile device and for your personal, non-commercial use. As used in this Agreement, the term “Services” includes the Mobile App.
b. Certain RestrictionsThe rights granted to you under the Terms of Use are subject to the following restrictions:
(i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services;
(ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services;
(iii) you shall not access the Site or Services in order to build a similar or competitive service.
Modification
DoctorSync reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that DoctorSync will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.
Communications
Text message
a. Where you have provided us with your phone number, you agree that DoctorSync and those acting on its behalf may send you text (SMS) messages. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. Your agreement to receive promotional texts is not a condition of any purchase or service offered by DoctorSync. If you change or deactivate the phone number you provided to DoctorSync, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. You agree that texts, calls, or pre-recorded messages may be generated by automatic telephone dialling systems.
b. You may opt-out of receiving all text messages from DoctorSync at any time by deleting your account or by replying STOP to any text message from DoctorSync. NOTE: opting-out of receiving all text messages from DoctorSync may limit your ability to use certain Services. You may continue to receive text messages for a short period while DoctorSync processes your request, and you may also receive text messages confirming the receipt of your opt-out request.
c. You may opt back into receiving text messages from DoctorSync at any time by notifying DoctorSync or by replying START to a text message from DoctorSync.
d. Where you have provided your email address, you agree that we may send you emails concerning our Services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.
User Content
a. You acknowledge and agree that DoctorSync is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. DoctorSync does not assume and will not have any liability or responsibility to you or any other person or User for your use or misuse of any User Content.
b. You agree not to use the Site, Services, or any of DoctorSync’s social media pages or channels to collect, upload, transmit, display, or distribute any User Content that:
(i) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
(ii) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libellous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature; or
(iii) in violation of any law, regulation, or obligations or restrictions imposed by any third-party.
c. You hereby grant, and you represent and warrant that you have the right to grant, to DoctorSync an irrevocable, nonexclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Feedback
If you provide DoctorSync any feedback or suggestions regarding the Site or Services (Feedback), you hereby assign to DoctorSync all rights in the Feedback and agree that DoctorSync shall have the right to use such Feedback and related information in any manner it deems appropriate. DoctorSync will treat any Feedback you provide to DoctorSync as non-confidential and non-proprietary. DoctorSync will not modify the Feedback. You agree that you will not submit to DoctorSync any information or ideas that you consider to be confidential or proprietary.
Acceptable Use Policy
a. You agree not to use the Site or Services to:
(i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data;
(ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
(iii) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
(iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks;
(v) harass or interfere with another User’s use and enjoyment of the Site or Services; or
(vii) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services.
You agree:
(i) Not to submit any false, incorrect or misleading information through your usage of the Site
(i) Not to reproduce, duplicate, copy or re-sell any part of our Site or content, including graphics, icons, logos and service names;
(i) Not to access without authority, interfere with, damage or disrupt any part of our Site, including:any equipment or network on which our site is stored;any software used in the provision of our site; and / orany equipment, network or software owned by any third party
b. We reserve the right (but have no obligation) to review any User Content (including any image files or reviews), investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, terminating your DoctorSync Account in accordance with these Terms of Use, and/or reporting you to law enforcement authorities) if we in our sole discretion suspect that you have violated the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.
Third-party interactions
During use of the Site or Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers including practitioners, clinics, pharmacies, advertisers, or sponsors showing their goods and/or services through the Service. DoctorSync is not a party to any transaction that you may enter into with a third party. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third party. DoctorSync shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction, or promotion between you and any such third-party.
Third-party materials
The Site or Services might display, include, or make available third-party content (including data, information, articles applications or other products, services and/or materials) or contain links to third party websites, services, and advertisements for third parties (Third-Party Materials). You acknowledge and agree that DoctorSync is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Third-Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk.
Deals
The Site or Services might display, include, or make available coupons, promotional codes, giveaways, samples, and other offers (Deals). Deals constitute Third-Party Materials under these Terms of Use. DoctorSync displays these Deals on the Site and Services as a form of advertisement for the third party only. All Deals are offered directly by the applicable third party.
Other Users
Each User of the Site or Services is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content.
Release regarding other Users, Third-Party Interactions or Third-Party Materials
You hereby release and forever discharge DoctorSync (and our officers, directors, contractors, employees, agents, successors, and assigns) from, and hereby waive and relinquish your rights with respect to, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Service users, Third-Party Interactions, or Third-Party Materials.
Term and termination
a. Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services.
(i) We may suspend your rights to use the Site and/or Services (including your DoctorSync Account); or
(ii) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement.
b. Even after this Agreement is terminated, the provisions of this Agreement which are capable of operating will remain in effect.
Jurisdiction
This Agreement is governed by the laws of the State of Victoria.
Dispute resolution
a. Pre-Arbitration dispute resolution
Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@doctorsync.com.au. If such efforts prove unsuccessful in the reasonable opinion of DoctorSync, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute.
b. Arbitration
Except for disputes brought in small claims court or tribunal, all disputes between you and DoctorSync arising out of, relating to or in connection with the Site or Services shall be exclusively settled through binding arbitration pursuant to the then-current rules of Victoria for commercial arbitration.
c. Confidentiality
All aspects of the arbitration proceeding will be strictly confidential for the benefit of all parties.d. Future changes to dispute resolutionIf DoctorSync makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice of to DoctorSync.
Booking Policies
Consultation cancellations
Your appointment is important to us and is reserved especially for you. We understand that life can sometimes get in the way and changes and cancellations may be necessary. Should you need to make changes to your appointment, we kindly ask that you provide a minimum of 24–48 hours’ notice. This policy is in place to allow your practitioner to offer your allocated time to another patient. You may be charged a cancellation fee equal to the cost of the consultation for any missed or cancelled appointments where you have provided less than 24 hours’ notice (as determined by the applicable clinic or practitioner).
Consultation refunds
Fees charged for consultations (if any) may be charged by third-party practitioners or clinics via the DoctorSync Platform and may be non-refundable, subject to the applicable provider’s terms and Australian Consumer Law.
Prescription Shipping and Returns
Prescription Delivery & Returns
Dispatch, delivery and refunds of prescription products are per third-party pharmacies’ terms and conditions (as well as any other relevant policies). By accessing these services through the DoctorSync Platform, you agree to the relevant third-party pharmacy terms and conditions and any other relevant policies.
Partner Pharmacy Terms of Sale
Where the DoctorSync Platform enables access to independent partner pharmacies to fulfil a prescription, goods purchased from those pharmacies are subject to the following terms and conditions (and any additional terms provided by the pharmacy).
Acceptance of Good
To ensure privacy and safe delivery, pharmacy deliveries may require a signature upon acceptance. Prescription products cannot be given an authority to leave direction. If no one is present to sign, the package may be taken to the nearest post office for collection.
Title & Risk
The sale occurs upon your order leaving the dispensing pharmacy and title to the goods pass to you at that time. You are the legal owner of the products and the products are at your risk upon delivery.
Returns & Refunds Policy
Refunds may not be provided on prescription items, pharmacy medicines or pharmacist-only medicines due to state health regulations. Please contact the relevant pharmacy (or support@doctorsync.com.au for platform assistance) if an item is faulty, not as described, unsafe, or not of acceptable quality.
Damaged or Incorrect Products
Please contact the relevant pharmacy within 3 days of receipt if products arrive damaged or incorrect. You may be required to provide an image of the damaged or incorrect product.
Treatment Plan Subscription Consent
Through services made available via the DoctorSync Platform, third-party providers may create a personalised plan for medical products and consultations delivered to you monthly in packaged boxes on a subscription basis (“Treatment Plan”). By subscribing to and using those services, you agree to the following terms:
a. Subscription and Delivery: You will receive a customised package containing medical products and consultation services on a monthly basis as part of your Treatment Plan, as determined by the applicable provider.
b. Follow-up Consultations: You may be required to schedule and attend follow-up consultations at least every six (6) months (or as otherwise required by the applicable provider) to monitor progress and suitability.
c. Acknowledgement and Agreement: By clicking "Agree" and subscribing, you acknowledge that you understand and accept any follow-up consultation requirements imposed by the applicable provider.
d. Modifications: Your Treatment Plan may be modified based on follow-up outcomes or changes in your medical condition.
e. Termination: Failure to attend required follow-ups may result in suspension or termination of services by the applicable provider.