TERMS AND CONDITIONS

Please read these terms of use carefully before using the services offered by TeleConsult Pty Ltd. ("TeleConsult"), a proprietary limited Australian company. These terms of use set forth the conditions for your use of the website at https://www.teleconsult.healthcare (the "Site") and the services, features, content, applications or widgets offered by TeleConsult (collectively with the Site, the "Service")

Acceptance of Terms

By registering for and/or using the Service in any manner, including but not limited to visiting or browsing the Site, you agree to all of the terms and conditions contained herein ("Terms of Use"). The Terms of Use also incorporate TeleConsult’s Privacy Policy, TeleConsult’s Refunds Policy, and all other operating rules, policies and procedures that may be published by TeleConsult from time to time on the Site, each of which may be updated by TeleConsult from time to time without notice to you in accordance with the terms set out under the "Modification of Terms of Use" section below.

Registration and Eligibility

You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you are required to register with TeleConsult. By registering, you warrant that you provide TeleConsult with accurate and complete registration information and to keep your registration information accurate and up-to-date.

Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your TeleConsult account.

We recommend, but do not require, that you use your own name or your business name (or a variation of) as your TeleConsult UserName

You shall not:

  • Create an account for anyone other than yourself without such person's permission;
  • Use a TeleConsult UserName that is the name of another person with the intent to impersonate that person;
  • Use a TeleConsult UserName or TeleConsult account that is subject to any rights of a person other than you without appropriate authorization; or
  • Use a TeleConsult UserName that is not your name or similar to your name or has no direct relationship to your identity for the purpose of selling the name or the rights to the name at a later date or for any other purpose;
  • Use a TeleConsult UserName that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.

TeleConsult reserves the right to refuse registration of, or cancel a TeleConsult UserName in its sole discretion.

You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your TeleConsult password. You shall never use another user's account without such other user's prior express permission.

You will immediately notify TeleConsult in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service.

The Service is not available to individuals who are younger than 18 years old.

TeleConsult may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time.

You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way.

Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Service. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other regulatory code(s) applicable to your industry.

Without limitation to other acts, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that:

  • Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
  • You know is false, misleading, untruthful or inaccurate;
  • Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by TeleConsult in its sole discretion;
  • Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
  • Involves commercial activities (whether or not for profit) and/or sales without TeleConsult’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • Contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of TeleConsult or any third party;
  • Impersonates any person or entity, including any employee or representative of TeleConsult;
  • Includes anyone's identification documents or sensitive financial information; or
  • Breaches the Privacy Policy and/or any of the other policies and rules incorporated herein.

If the User profile includes a photograph, TeleConsult’s Photo Guidelines shall apply. TeleConsult has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any user who publishes or distributes child pornography.

You shall not (directly or indirectly):

  • Take any action that imposes or may impose (as determined by TeleConsult in its sole discretion) an unreasonable or disproportionately large load on TeleConsult’s (or its third party providers') infrastructure;
  • Interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
  • Bypass any measures TeleConsult may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
  • Run any form of auto-responder or "spam" on the Service;
  • Use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site;
  • Harvest or scrape any Content from the Service;
  • Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or Site Content (other than your User Submissions), except as expressly authorized by TeleConsult;
  • Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
  • Copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
  • Otherwise take any action in violation of TeleConsult’ guidelines and policies.

TeleConsult does not guarantee that any Content or User Submissions (as defined above) will be made available on the Site or through the Service. TeleConsult has no obligation to monitor the Site, Service, Content, or User Submissions. However, TeleConsult reserves the right to (i) remove, suspend, edit or modify any Content in its sole discretion, including without limitation any User Submissions at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if TeleConsult is concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove, suspend or block any User Submissions from the Service. TeleConsult also reserves the right to access, read, preserve, and disclose any information as TeleConsult reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of TeleConsult, its users and the public.

Content

The Service contains Content specifically provided by TeleConsult or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.

The Service contains Content specifically provided by TeleConsult or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.

(This clause permits commercial use of any specific service provided by TeleConsult when use of that service in the manner it was designed and or intended is perceived to have a commercial value, but the commercial use is restricted solely to the use of the service as was or is intended to be used. Interpretation of this sub-clause is at the sole discretion of TeleConsult and the subclause may be withdrawn at any time without notice.)

User Submissions

We may use your User Submissions in a number of different ways in connection with the Site, Service and TeleConsult’s business as TeleConsult may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications (“Third Party Media”).

By submitting User Submissions on the Site or otherwise through the Service, you grant TeleConsult an irrevocable worldwide, non-exclusive, royalty-free, fully paid, sub-licensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and TeleConsult’ (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also grant each user of the Site and/or the Service, including Third Party Media, a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in connection with their use of the Site, Service and Third Party Media. For clarity, the foregoing license grant to TeleConsult does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with TeleConsult.

You warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such Content originated; that TeleConsult will not be liable for any errors or omissions in any Content; and that TeleConsult cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.

When you delete your User Submissions, they will be removed from the Service. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Submissions.

Card Services

Certain features of the Service and/or certain services and products made available to you through the Service may allow you to purchase services using your credit card. TeleConsult uses a third-party payment processor (the “Payment Processor”) to link your credit card account to the Services (your “Card Account”) for use of the Card Services. The processing of payments or credits in connection with the Card Services will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to this Agreement. TeleConsult is not responsible for any error that occurs during any transaction, including any error by the Payment Processor. In connection with your use of the Card Services, TeleConsult will obtain certain transaction data, which TeleConsult will use solely in accordance with our Privacy Policy.

Third Party Sites and Services

The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under TeleConsult’s control, and you acknowledge that TeleConsult is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by TeleConsult or any association with its operators. You further acknowledge and agree that TeleConsult shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

Termination

TeleConsult may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership.

If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid are non-refundable.

All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer

Save to the extent required by law, TeleConsult has no special relationship with or fiduciary duty to you. You acknowledge that TeleConsult has no control over, the quality of the advice you may be given. You release TeleConsult from all liability for you having acquired or not acquired TeleConsult’s Services.

You release us from all liability relating to your connections and relationships with other users. You understand that while we provide an indication of whether an Doctor’s qualifications have been validated, this validation relies on third party systems over which we have no control and subsequently, this information is for advisory purposes only and should be independently verified by you before engaging with an Doctor.

We make no representations or warranties as to the conduct of Doctors or the veracity of any information they provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, particularly if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g. credit card or bank account numbers) to other individuals.

The site, service, content are provided "as is", "as available" and are provided without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, save to the extent required by law.

TeleConsult, and its directors, employees, agents, representatives, suppliers, partners and content providers do not warrant that: (a) the service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the service is free of viruses or other harmful components; or (d) the results of using the service will meet your requirements. Your use of the website, service, content and add-to link is solely at your own risk. Some states / countries do not allow limitations on implied warranties, so the above limitations may not apply to you.

Indemnification

You shall defend, indemnify, and hold harmless TeleConsult, its affiliates and each of its affiliates' employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content, or otherwise from your User Submissions, violation of these Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of TeleConsult). TeleConsult reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with TeleConsult in asserting any available defences.

Limitation of Liability

All liability of TeleConsult, its directors, employees, agents, representatives, partners, suppliers or content providers howsoever arising for any loss suffered as a result of your use of the site, service, content, user submissions or add-to link is expressly excluded to the fullest extent permitted by law, save that, if a court of competent jurisdiction determines that liability of TeleConsult, its directors, employees, agents, representatives, partners, suppliers or content providers (as applicable) has arisen, the total of such liability shall be limited in aggregate to one hundred US dollars ($100).

To the maximum extent permitted by applicable law, in no event shall TeleConsult, nor its directors, employees, agents, representatives, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory or otherwise (and whether or not TeleConsult, its directors, employees, agents, representatives, partners, suppliers or content providers had prior knowledge of the circumstances giving rise to such loss or damage) with respect to the site, service, content, user submissions or add-to link for:

  • Indirect or consequential losses or damages;
  • Loss of actual or anticipated profits;
  • Loss of revenue;
  • Loss of goodwill;
  • Loss of data;
  • Loss of anticipated savings;
  • Wasted expenditure; or
  • Cost of procurement of substitute goods or services.

Nothing in these terms of use shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these terms of use. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, TeleConsult’s liability will be limited to the fullest extent permitted by applicable law.

Solely in respect of users located in European economic area and/or Australia, nothing in these terms of use shall be deemed to exclude or limit our or your liability (as applicable) in respect of:

  • Death or personal injury arising as a result of our or your negligence (as applicable);
  • Fraud (including fraudulent misrepresentation), theft or other criminal activity; or
  • Any breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.

Governing Law

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and TeleConsult agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia. For all purposes of these Terms of Use, the parties consent to exclusive jurisdiction and venue in the Australian Federal Courts or NSW state courts located in Sydney.

Integration and Severability

These Terms of Use, including any subsequent modifications, are the entire agreement between you and TeleConsult with respect to the Service and use of the Site, Service, Content, User Submissions or Add-to Link, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and TeleConsult with respect to the Site.

If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not constitute future waiver. In order for any waiver of compliance with these Terms of Use to be binding, TeleConsult must provide you with written notice of such waiver through one of its authorized representatives.

Modification of Terms of Use

TeleConsult reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Service or via email. TeleConsult may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

Miscellaneous

TeleConsult shall not be liable for any failure to perform its obligations where such failure results from any cause beyond TeleConsult's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). These Terms of Use are personal to you, and are not assignable, transferable or sub-licensable by you except with TeleConsult’s prior written consent. TeleConsult may assign, transfer or delegate any of its rights and obligations hereunder without your consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.

Language

Where TeleConsult has provided you with a translation of the English language version of these Terms of Use, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with TeleConsult.

If there is any contradiction between what the English language version of these Terms of Use says and what a translation says, then the English language version shall take precedence.

Interpretation

Reference to a singular person or entity includes the use of the plural of the term.

“Person” means any individual, individuals, business, company or other legal entity related directly or by inference to the person accessing the Services

Contact

Email: information@teleconsult.expert
Telephone: +61 (02) 8005 7313

Last Updated: 5 May 2017