Terms & Conditions

1. Welcome to Kollab Healthcare

Kollab Healthcare Pty Ltd ACN 679 598 200 (Kollab Healthcare, we, us, our) is an Australian-owned company dedicated to providing mobile physiotherapy and other healthcare services (Services). Our online platform allows clients to request appointments for healthcare services and is hosted athttp://www.kollabhealthcare.com.au (Site).

2. Acceptance and Variation of Terms

Your permission to access and use the Site is conditional upon you agreeing to the terms and conditions set out below, together with our privacy policy available at (Privacy Policy) and any other notices or disclaimers on the Site (collectively Terms). You must read the Terms carefully.

By accessing or using any part of the Site, you accept, or are deemed to have accepted (as the case may be), all of these Terms, as varied, modified or amended by us from time to time.

You agree that these Terms are enforceable in the same manner as any written negotiated contract bearing your signature or seal. If you do not agree with these Terms, you must not create an account and must not access or use any part of the Site.

We reserve the right to modify, permanently or temporarily disable, or discontinue any part of the Site and to alter, amend or withdraw any part of these Terms, Privacy Policy, or any information or material appearing on the Site at any time, without liability or further notice to you. Your continued use of the Site will constitute an automatic acceptance of any alterations, withdrawals or amendments made by us.

3. Acceptable Use

You agree that you are only authorized to use the Site for your own personal use and for the following activities:
(a) accessing and using the Services and anything else hosted on the Site; and
(b) any other purpose which we make known to you.

Your access and use of the Site is subject to these Terms and any other terms and conditions of use that appear on the Site and any click and accept end user license terms, together with privacy and acceptable use standards.

4. Age Restriction

You must be at least 18 years old to use the Site. By accepting these Terms, creating an account, or using the Site, you confirm that you are at least 18 years old. If you are under 18 years old and wish to use the Site, you must have a parent or legal guardian supervise your use of the Site and create or manage your account on your behalf.

If you are a parent or legal guardian allowing a person who is at least 13 years old but under 18 years old (a Minor) to create an account on and/or use the Site, you agree to:

(a) and accept all of the Site terms and conditions, including these Terms;

(b) supervise the Minor’s use of the Site and their account;

(c) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Site and their customer account;

(d) ensure that the content on the Site is suitable for the Minor;

(e) ensure all information submitted on the Site or to us by the Minor is accurate; and

(f) provide the consents, representations, and warranties contained in the Terms on the Minor’s behalf.

The person who accepts these Terms is the owner of the Site account. If you accepted the Terms on behalf of a business entity, the business entity is the owner of the Site account.

5. Your Responsibility

You agree to use our Services in a legal, authorized, and acceptable manner.

You will not use our Services in ways that:

(a) violate, misappropriate, or infringe the rights of us, our users, or others;

(b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or encourage illegal conduct;

(d) impersonate someone;

(e) involve sending illegal communications such as bulk messaging or auto-dialling; or

(f) involve any non-personal use of our Services unless otherwise authorized by us.

6. Security

You are responsible for keeping your device safe and secure.

Where there is unauthorized access or a breach of security of the Site, we will take appropriate steps to rectify the unauthorized use or breach of security, and you must take all other actions that we reasonably deem necessary or desirable to maintain or enhance the security of our computing systems and networks and your access to the Site.

We will use all reasonable endeavors to ensure that we provide a secure environment for any data stored or hosted on our systems. You acknowledge however that no information which is available on the Internet is completely secure and you agree that we will not be liable for any Loss suffered by you or any third party should our security measures (or those of any of our service providers) be overcome or breached.

We maintain appropriate technical and operational measures, internal controls, and data security routines intended to protect your data against accidental loss or change, unauthorized disclosure or access, or unlawful destruction. We are not responsible for the security of any data stored on any personal computer, laptop or mobile device owned or controlled by you.

7. No Commercial Use

You must not use any part of the Site for any commercial purposes, unless otherwise authorized by us. Providers whose accounts are verified by us are permitted to use the Site for commercial purposes, subject always to these Terms.

8. Promotions and Discounts

We may offer promotions and discounts from time to time. All promotions and discounts are offered subject to these Terms and any other terms and conditions specified by us.

9. No Interference

You agree that you will not:

(a) use the Site in any way that could damage our reputation or goodwill or other rights of ours;

(b) permit any person to access and use the Site other than in accordance with these Terms;

(c) disable, tamper with or otherwise attempt to circumvent any billing mechanism that meters the use of the Site by you or any other person;

(d) create accounts for our Services through unauthorized or automated means;

(e) interfere with or disrupt the safety, security, confidentiality, integrity, availability, or performance of our Services;

(f) collect information of or about our users in any impermissible or unauthorized manner;

(g) except to the extent that any applicable laws (including but not limited to copyright laws) prevent us from restraining you from doing so:

(i) reproduce, make error corrections to or otherwise modify or adapt the Site or create any derivative works based upon the Site; or

(ii) decompile, disassemble or otherwise reverse engineer the Site or permit or facilitate any third party to do so;

(h) directly or indirectly access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others. This includes not engaging in activities such as:

(i) reverse engineering, altering, modifying, creating derivative works from, decompiling, or extracting code from our Services;

(ii) sending, storing, or transmitting viruses or other harmful computer code through or onto our Services;

(iii) gaining or attempting to gain unauthorized access to our Services or systems;

(iv) distributing or making our Services available over a network where they could be used by multiple devices at the same time, except as authorized through tools we have expressly provided via our Services.

(i) when accessing and using the Site:

(i) attempt to undermine the security or integrity of our computing systems or networks or, where the Site is hosted or operated by a third party, the third party’s computing systems and networks;

(ii) use, or misuse, the Site in any way which may impair its functionality, or the functionality of any other system used to deliver the Site, or impair the ability of any third party to lawfully use the Site;

(iii) attempt to gain unauthorized access to any materials other than those to which you have been given express permission to access or to the computer system on which the Site is hosted or stored;

(iv) transmit, or input into the Site any information, data, files or other material that may damage any other person’s computing devices or software, may be offensive, or which is in violation of any law (including material protected by copyright or trade secrets which you do not have the right to use);

(v) attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver or operate the Site, except as is strictly necessary to use either of them for normal operation;

(vi) remove or modify any program markings or any notice of proprietary rights, including those of any third party;

(vii) use any automated processes or means to access the Site;

(viii) use any software or manual repetition that will or is likely to interfere with the Site; or

(ix) attempt to cause stress or detriment to the proper working of the Site, such as by:

(A) acting in any way likely to cause an unreasonable strain to the infrastructure of the Site;

(B) reloading or refreshing transaction pages more than once every 5 seconds; or

10. Availability

We will use our best endeavors to ensure that the Site is accessible on a continuous basis, 24 hours a day, seven days a week. However, we may, without notice, suspend all or part of any access to the Site immediately, including where:

(a) there is a malfunction or breakdown of any of our equipment or if we are required to undertake the repair, maintenance or service of any part of the Site;

(b) it is reasonably required to reduce or prevent fraud or interference with the Site;

(c) we are required to comply with an order, instruction or request of a government authority, or other such competent body; or

(d) we are otherwise prevented from making the Site available by circumstances outside our reasonable control.

You acknowledge and agree that access to the Site is reliant upon various factors outside our control, including, without limitation, you meeting the minimum technical requirements of the Site, your Internet service provider or telecommunications provider, the speed and bandwidth of your Internet connection, the equipment or devices which you use to access and use the Site, our hosting and web server (to the extent that we engage third party contractors) and other factors which may impact upon the delivery of the Site to you via the Internet.

While we will use all reasonable endeavors to ensure that you have continuous access to the Site, we will not be liable to you or any other person for any Loss to property or persons caused by such factors.

For the purpose of these Terms, Loss means any damage or loss (including legal costs and expenses on a solicitor and own client basis, special, incidental, indirect, or consequential damages or loss, cost, expense, action, claim, demand, proceeding, injury or liability. For the avoidance of doubt, Loss may include (but is not limited to) damages for loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Site, third-party software and/or third-party hardware used with the Site, or otherwise in connection with the matters contemplated by these Terms.

We reserve the right to restrict of remove access to the Site for the purpose of undertaking maintenance and updating of the Site.

We do not warrant that any part of the Site is or will be completely error free or free of defects.

11. Copyright

Except as expressly stated by us, the information contained within the Site (including its coding, wording, design, graphics and logos) are owned by us or our affiliates and are protected by Australian and international copyright and trademark laws (as applicable).

You may only retain copies of information if obtained incidentally to your viewing and kept for your own personal reference.

12. Intellectual Property

You acknowledge and agree that we or our affiliates own all rights, title and interest, including intellectual property rights and moral rights (IP Rights) in the Site and that nothing in this agreement has the effect of, or should be construed as having the effect of, passing ownership of any of our IP Rights, or those of any third party, relating to, or in any way connected with, the Site, to you or any other person whatsoever.

You further acknowledge and agree that we at all times retain ownership of all IP Rights created by or for us (whether or not related to the Site and whether created before or after the commencement of this agreement) and, to the extent that any such IP Rights vest in you (by operation of law or otherwise), you hereby irrevocably assign, transfer and dispose of all such IP Rights to us with effect immediately upon such rights arising or vesting in you (as the case may be).

You must not knowingly do any act or thing in relation to data which would infringe any third party’s IP Rights. You are solely responsible for obtaining any consent, approval, authority or license from the holders of any IP Rights required to enable you to deal with any relevant data or to do any act or thing in relation to those IP Rights.

13. Continued Development

You consent to us soliciting comments, information, requests, data, ideas, enhancement requests, recommendations, description of processes, or other information concerning the Site from you or any person (Feedback). We own all IP Rights in any Feedback and may use such Feedback for purposes related to the Site or the carrying out of services by us generally in our business activities without further approval or acknowledgement, and you hereby assign to us all IP Rights in any such Feedback.

14. Privacy

These Terms are subject to our Privacy Policy which is incorporated by reference. By using the Site, you consent to us collecting your personal information. Please read our Privacy Policy so that you are aware of how we collect and use personal information.

If, as a result of this agreement, a person (other than us) collects, or is able to access, any personal information about identifiable individuals, then that person must:

(a) comply with all relevant and applicable privacy laws and such other data protection laws as may be in force from time to time which regulate the collection, storage, use and disclosure of information, as if they were regulated by these laws;

(b) comply with any applicable privacy code or policy which has been adopted by the person who collected the personal information as if it were bound by that code or policy;

(c) take all reasonable measures to ensure that such personal information is protected against loss and against unauthorised access, use, modification, disclosure or other misuse and that only authorized representatives, employees and officers have access to it; and

(d) co-operate with the other person in the resolution of any complaint under, or relating to, any of the laws, codes or policies referred to in paragraphs (a) and (b) above.

15. Third Parties

The Site may contain links to third party websites outside our control (Linked Sites). We take no responsibility for content contained in any Linked Sites, and we do not endorse any aspect of any Linked Sites. We provide links to Linked Sites for convenience only. You access and use all Linked Sites entirely at your own risk.

If you choose to purchase goods or services from a third party, including from a Linked Site accessed from or through the Site, you are entering a separate agreement with that third party, and expressly agree that we are not a party to any such transaction.

16. Consequences for Violation

If you violate these Terms in any way, you agree that we may in our sole discretion and without notice to you:

(a) take any legal action we have available against you;

(b) block your use of the Site; and/or

(c) disclose information about you and your use of the Site for investigation by any enforcement body for your unlawful activity.

You agree that monetary damages may not be sufficient where your actions cause damage to us, whether by tarnishing its goodwill, causing a loss to sales or increasing its expenses and in such a case consent to us obtaining injunctive or other equitable relief against you as a consequence of your violation.

17. Disclaimer

The Site is delivered on an “as is” and “as available” basis. In this context, we do not warrant that the Site will be error-free or uninterrupted.

Whilst all due care has been taken in providing the platform, to the greatest extent permitted by law:

(a) we do not provide any warranty either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose; and

(b) any condition, guarantee, or warranty which would otherwise be implied into these terms and conditions is excluded.

All due care is taken in ensuring that the platform is free of any virus, worm, trojan horse and/or malware, however we are not responsible for any damage to your computer system or device which arises in connection with your use of the platform or any linked platform.

We undertake to take all due care with any information which you may provide when accessing the platform and to preserve such information in a secure manner in accordance with our Privacy Policy. We, however, do not warrant and cannot ensure the security of any information which you may provide and information you transmit to the platform is entirely at your own risk.

We provide no warranty as to the accuracy or currency of the account information or other information or data uploaded to the platform by any provider or any other person.

From time to time, we may host third party content on the Site such as advertisements and endorsements. Responsibility for the content of such material rests with those third parties and we are not responsible for any errors or omissions in such material or any damage caused either directly or indirectly by them.

18. Limitation of Liability

You acknowledge and agree that, to the greatest extent permitted by law:
(a) you access and use the platform, and any system operated by us (including but not limited to storage and hosting systems) at your own risk and expense; and

(b) you are solely liable for your own acts, omissions and negligence.

You acknowledge and agree that, to the greatest extent permitted by law, we are not liable for any loss to property or persons as a result of, whether directly or indirectly:

(a) any willful act, omission or neglect by you;

(b) your use, non-use or misuse of the Site;

(d) any infringement of any third party’s IP rights; and

(e) your breach of these terms.

You acknowledge and agree that each provider is solely responsible for his or her own actions, omissions and negligence. If you suffer any loss because of the actions, omissions and negligence of any provider, you agree not to take any action against us whatsoever.

19. Indemnity and Release

To the greatest extent permitted by law, you will at all times indemnify and keep indemnified us and our respective officers, employees, contractors, agents and representatives from and against any and all loss (including legal costs and expenses on a solicitor and own client basis) incurred by any of those indemnified arising from any action, claim, demand, suit, action or proceeding (Claim) by any person against any of those indemnified where such loss arose out of, in connection with, or in respect of:

(a) your use, non-use or misuse of the platform;

(b) your breach of these terms; and

You release us and our respective officers, employees, contractors, agents and representatives from all liability in relation to the matters described in this clause.

20. Reporting

If you encounter any content on the Site that you find offensive and which you believe violates these Terms, please report the content to us by e-mailing hello@kollabhealthcare.com.au. So that we can efficiently deal with your report, please ensure that your report:

(a) states the reason for your concern/s; and

(b) clearly identifies the content by providing:

(i) a description of it; and

(ii) a hyperlink to the specific page (if applicable).

21. Confidentiality

If you receive or encounter any information which a reasonable person would consider to be confidential in nature, you agree to contact us immediately at hello@kollabhealthcare.com.au.

22. Notices and Notifications

We may send or issue notices to you from time to time:

(a) through the user interface on the Site; and/or

(b) by email.

You consent to receiving notices by the above means, including for the purposes of the Electronic Transactions Act 2000 (NSW) or any equivalent legislation. We take no responsibility for any failure of delivery of any notice or notification to you for any reason whatsoever.

23. General

23.1 Disputes

Except as permitted by law, in the event of a dispute between you and us, or between you and any other person using the Site (such as a healthcare provider), you must:

(a) notify us of the dispute by emailing us at hello@kollabhealthcare.com.au;

(b) provide us with full and complete details of the dispute;

(d) act reasonably and in good faith with the other parties to the dispute in order to resolve the dispute amicably without formal legal action.

23.2 Entire Agreement

This agreement contains the entire agreement between you and us about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is superseded and replaced by this agreement and has no further effect.

23.3 Jurisdiction

This agreement is governed by the law in force in the State of New South Wales, Australia.

Each party submits to the non-exclusive jurisdiction of the courts of New South Wales and the courts competent to determine appeals from those courts, in relation to any proceedings that may be brought at any time relating to this agreement.

Each party irrevocably waives any objection it may have now or in the future to the venue of any proceedings where that venue falls within New South Wales.

23.4 Severability

Any provision of these Terms that is illegal, void or unenforceable will be severed without prejudice to the balance of the provisions of these Terms which shall remain in full force and effect.

23.5 Waiver

Any failure to exercise or enforce or a delay in exercising or enforcing or the partial exercise or enforcement of any right, power or remedy provided by law or under this agreement by us will not in any way preclude, or operate as a waiver of, any exercise or enforcement, or further exercise or enforcement of that or any other right, power or remedy provided by law or under this agreement.

Any waiver or consent given by us under this agreement will only be effective and binding on us if it is given or confirmed in writing by us. No waiver of a breach of any term of this agreement will operate as a waiver of another breach of that term or of a breach of any other term of this agreement.

24. Rules of Interpretation

Unless the context otherwise requires, any terms defined in bold text have the meaning allocated to them wherever they appear in this agreement.

The following rules also apply to the interpretation of this agreement, except where the context otherwise requires:

(a) the singular includes the plural and vice versa, and a gender includes other genders;

(b) another grammatical form of a defined word or expression has a corresponding meaning;

(c) a reference to a rule, paragraph or schedule is to a rule or paragraph of, or schedule to, this document, and a reference to this document includes any schedule;

(d) a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;

(e) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;

(f) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;

(g) a reference to A$, AUD$, dollar or $ is to Australian currency; and

(h) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;

(i) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this document or any part of it; and

(ii)headings are for ease of reference only and do not affect interpretation.