Website Terms & Conditions

WARNING! THIS IS A LEGALLY BINDING AGREEMENT THAT GOVERNS YOUR USE OF VEVA MEDICAL’S WEBSITE AND SERVICES.

Acceptance of our Terms

By visiting, viewing, accessing or otherwise using Veva Medical Pty Ltd’s website at vevamedical.com.au (or other relevant domains), including any services, systems, content, or information available on the website (together, the “Website”), you agree to be bound by these Website Terms and Conditions of Use and our Privacy Policy (together, the “Website Ts & Cs”).

Do not continue to visit, view, access or otherwise use the Website or the services offered via the Website, if you do not wish to be bound by our Website Ts & Cs.

You understand, agree and acknowledge that these Website Ts & Cs constitute a legally binding agreement between you and Veva Medical Pty Ltd (ABN: 50 695 800 116) (“Veva Medical”, “we”, “our” or “us”) and you shall be deemed to have accepted the Website Ts & Cs if you use and/or access the Website and/or our services.

The Website Ts & Cs apply to all transactions conducted on the Website or using our services. The Website Ts & Cs include the Cancellation Policy, Privacy Policy, Appointment Booking and Consent Terms, Bundled Package Terms, Community Guidelines and any other terms and conditions referred to herein.The Website T&Cs adopt the defined terms used in the Booking Terms and the Bundled Package Terms, unless otherwise defined herein. The Website T&Cs adopt the defined terms used in the Booking Terms and the Bundled Package Terms, unless otherwise defined herein.

Your Age and Eligibility

1.1 You must be, and you warrant that, you are over 18 years of age to use the Website. If you are not, you may not use the Website.

1.2 You must be, and you warrant that you are, located in Australia to access our services.

Provision of Website and Services

2.1 You agree and acknowledge that we may modify, delete, improve, update or discontinue the provision of any information or services on the Website at our sole discretion and without notice to you, even if it may result in you being prevented from accessing any information or service contained on the Website. Further, you agree and acknowledge that we are entitled to provide services to you through subsidiaries, affiliates, agents or third parties.

2.2 You acknowledge that when you book an appointment for a consultation, you are entering into a direct agreement with the independent healthcare professional (“Practitioner”) with whom you make the appointment. We are engaged by (and paid by) such Practitioners to facilitate and manage such bookings and payments relating to such bookings.

Use of the Website

3.1 The Website is made available for your personal, non-commercial use only.

3.2 You may not use the Website or our services in a manner which would circumvent the purpose of the Website, including attempting to solicit direct appointments with doctors listed on our Website without using our services provided via the Website.

3.3 You warrant that all information you provide on, or in connection with, the Website, our services and your appointments will be (and will remain) true, accurate, current and complete.

3.4 The Website is provided ‘as is’ and you must not (and must not attempt to) alter, edit, interrupt or otherwise interfere with the Website (including, without limitation, no hacking, introduction of ‘viruses’ and/or uploading of spyware). Further, you must not engage in crawling, scraping, caching or otherwise accessing any content on the Website via automated means or otherwise

Registration

4.1 In order to access and use all the functions of the Website and our services, you must complete the registration process and provide all requested information and details. You must also provide valid credit card details.

4.2 All registrations, bookings and payments are processed via Halaxy and Stripe Payments, who handle data in accordance with their own terms and policies. Booking, payment and prescription-related confirmations are communicated to you via GoHighLevel. We do not collect or store credit card details- such details are stored by Halaxy and Stripe Payments, as applicable.

4.3 You warrant that you are authorised to use the credit card you provide in connection with your use of the Website and our services, including paying for an appointment booked via Veva Medical.

4.4 You agree that we may make your name, address and details available to Practitioners with whom you make a booking or as otherwise required by law, but we will only otherwise share your details in accordance with our Privacy Policy.

Making a Booking

5.1 WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT ANY PRACTITIONER WILL BE AVAILABLE AT ANY GIVEN TIME.

5.2 When you make a booking via the Website, you are entering into a legal contract with the relevant Practitioner who may require you to provide additional information or agree to further terms and conditions in connection with your appointment or engagement with that Practitioner and must agree to the Appointment Booking and Consent Terms. Nonetheless, these Website Ts & Cs also govern such bookings and arrangements entered between you and the Practitioner with whom you made a booking. We act merely as an agent for the relevant Practitioner in connection with such bookings.

5.3 When you make a booking to see a Practitioner via the Website which is processed by Halaxy and Stripe Payments, you authorise your credit card to be charged the relevant booking fees and other charges relating to such a booking, subject to these Website Ts & Cs and any other agreements reached between you and us, or you and the Practitioner with whom you made a booking.

5.4 When you make a booking, it is your responsibility to:

(a)select the correct type of booking;

(b)be available at the time of the appointment (and, as is customary when seeing any Practitioner, allow reasonable leeway for delays and postponement); and

(c)have the necessary technology, software and/or devices available to participate in such appointment, as directed by us and/or chosen by you.

5.5 You may only book appointments at times and dates listed as available via the Website and may not cancel or postpone a booking except in accordance with the Cancellation Policy.

5.6 You may not contact the relevant Practitioner with whom you wish to make a booking until:

(a)you have made the booking;

(b)you have provided all requested and relevant details; and

(c)the appointment time has arrived.

5.7 For the avoidance of doubt, your health is your responsibility and we (and the relevant Practitioner) have no obligation to follow-up your appointments, unless otherwise expressly agreed in writing.

5.8 You warrant that you will act honestly and in good faith and will not provide any misleading or deceptive (whether express or implied) information (including withholding information) in connection with any booking or appointment.

One-Off Bookings

6.1 For single bookings, prior to your appointment we will place a pre-authorisation hold on your nominated payment method for the applicable amount, in accordance with the Booking Terms. Following your appointment, your card will be charged in accordance with the outcome recorded by your Practitioner:

(a) Where you book a one-off consultation, prior to your appointment we will place a pre-authorisation hold on your nominated payment method for the $99 consultation fee. Following your appointment, this amount will be charged in full, regardless of the outcome or any treatment prescribed, in accordance with the Booking Terms.

(b) If, during your consultation, your Practitioner determines that a Bundled Package may be more suitable for you and you agree to proceed, you will transition to the applicable Bundled Package, and the $99 consultation fee already charged under clause 6.1 will be credited towards (and not charged in addition to) your first month’s Subscription Payment, in accordance with the Bundled Package Terms.

(c) Where you are booked into a Bundled Package via our online eligibility check, prior to your appointment we will place a pre-authorisation hold on your nominated payment method for the amount of your first month’s package fee, in accordance with the Booking Terms. Following your appointment, your Practitioner will record an outcome which determines how this hold is processed: where you are approved for the package, the held amount is captured as your first month’s payment (inclusive of the $99 consultation fee, with no separate charge for the consultation itself); where you are not approved, or are prescribed something outside our standard packages, a non-refundable consultation fee of $99 will be charged and the balance of the held amount released — in each case in accordance with the Booking Terms and, where applicable, the Cancellation Policy.

6.2 You must follow the Website prompts, provide all relevant details and choose your booking time in order to make a single booking.

6.3 Bundled Packages

Where your appointment forms part of a Bundled Package program, you acknowledge that:

(a) payment is not processed on a per-appointment basis; and

(b) Subscription Payments are charged separately on a recurring basis in accordance with the Veva Medical Bundled Package Terms; and

(c) individual appointments included within a Bundled Package are not separately charged unless expressly stated at the time of booking or where your treatment plan is varied.

Cancellation Policy

7.1 All appointments are governed by the Cancellation Policy.

Communication Rules and Policies

8.1 When you provide information via the Website, use our services or communicate with us or the Practitioners we represent:

(a) you will not use or submit defamatory, derogatory, discriminatory, illegal, vulgar, obscene, hateful, disingenuous or abusive content or language;

(b) you will not breach any laws or infringe any person’s rights;

(d) you are solely responsible for your interactions and communications and all interactions and communications made using your Veva Medical account or otherwise with any Practitioner with whom you book an appointment. You agree that we are not responsible or liable for the conduct of any user of our services (including you) or any Practitioner with whom you make a booking via the Website.

(e) You are responsible for maintaining the confidentiality of your Veva Medical account login information and are fully responsible for all activities that occur under your Veva Medical account. You agree to immediately notify us of any unauthorised use, or suspected unauthorised use, of your Veva Medical account or any other breach of security. We cannot and will not be liable for any loss or damage arising out of your failure to comply with the above requirements.

8.2 If you first contact any doctor via the Website or through our services, you may not contact that person in any other manner other than via the Website (or our approved communication methods) or for any purpose other than receiving health services from that doctor, unless you have obtained written permission to do so.

8.3 We reserve the right to monitor the use of the Website and communications with Practitioners booked via the Website. If you (or your account) shows signs of fraud, abuse or suspicious activity, we may cancel or suspend the account and your subscription plan immediately. We retain the right and absolute discretion to suspend, terminate and/or delete your account and/or prohibit your access to the Website without notice if we believe you have abused any privilege granted to you as a user of the Website or our services, supplied misleading information or made any misrepresentations to us in connection with the Website or our services, tampered with the Website in any way, breached these Website Ts & Cs, or engaged in any unlawful or other improper conduct calculated to jeopardise the proper administration of the Website and/or our services.

8.4 You agree that you shall not portray Veva Medical (or any of our officers, employees, representatives, affiliates, agents and related parties) in a false, derogatory or offensive manner.

8.5 You agree that you shall comply with all codes of conduct, policies and rules implemented by us.

Ownership of Copyright and Information

9.1 Subject to the rights you have in the information and/or content you submit via the Website, as between you and us, we own or control all right, title and interest (including copyright and other intellectual property rights) in and to information and material appearing on this Website or relating to our services, including (without limitation) our text, computer code, artwork, photographs, proprietary information, logos, images, music, audio material, video material and audio-visual material on this Website (together, the “Website Material”).

9.2 You may access and/or reproduce Website Material only for the purpose of viewing such Website Material on a personal electronic device (such as your phone or computer). You may not otherwise use or exploit (including, without limitation, by way of selling, distributing, adapting, editing, changing, transforming, embedding, republishing, showing or playing in public (for a commercial purpose), publishing or communicating) the Website or the Website Material without our prior written agreement and we reserve all such rights in the Website Material.

9.3 Without limiting the foregoing, you acknowledge that certain Website Material (such as copyright and third-party trade marks and logos) may be owned by third parties and you agree not to infringe the rights of those third parties (or our rights in the Website Material).

9.4 If you become aware of any material on the Website that you believe infringes the law or infringes your or any other person’s rights (including copyright, other intellectual property rights), or you have a complaint to make regarding the content of the Website, you must immediately contact us and report it to us (including specifying the URL on which the material appears and a description of the relevant offending material).

Indemnification

10.1 You agree to indemnify us (including our officers, employees, representatives, affiliates, agents and related parties, together “the indemnified”) and hold the indemnified harmless from and against any and all liability, loss, claims, demands and/or expenses (including indirect and consequential losses), from any allegation arising out of (or relating to) your use of the Website, Website Material or our services or which the indemnified may incur as a result of any breach by you of these Website Ts & Cs (including a breach of your warranties) or any negligent act or omission by you.

No Warranties

11.1 You understand and agree that your use of the Website, our services and any information contained on the Website is entirely at your own risk, and you should seek expert advice in connection with any and all such matters.

11.2 We do not promise or warrant in any way that:

(a)the Website will be constantly available, or available at all;

(b)the information on the Website (or on any related website or social media pages) or in the Website Material is complete, true or accurate; or

(c)you can rely on or use any information on the Website or in the Website Material.

11.3 We make no representations as to the accuracy or completeness of any information on the Website or any third party websites found by following any link or direction on the Website.

11.4 Nothing on the Website constitutes, or is meant to constitute, advice of any kind. If you require any advice or assistance in relation to any matter (including legal, financial, medical or personal matters), then you should consult an appropriate Practitioner.

11.5 We do not have any obligation to moderate, monitor, edit or approve any content on the Website, nor do we have any obligation to remove content you disapprove of.

11.6 Any cost associated with accessing and using the Website generally remains your responsibility and is dependent on the service provider used. You are responsible for ensuring that your computer system or mobile device (as applicable) is compatible with the Website and meets all relevant technical specifications necessary to obtain the benefit of the Website and our services.

Termination of Agreement

12.1 We may, at any time, prohibit you from using the Website (or any part of the Website or Website Material). If we notify you of such prohibition, then you must immediately cease using the Website (or the relevant part of the Website or Website Material) and you must not attempt to continue to use the Website.

12.2 For so long as you use the Website, the Website Ts & Cs will continue to apply. Terms that are intended (expressly or implicitly) to continue in perpetuity shall be unaffected by any termination of the arrangement between you and us governed by these Website Ts & Cs.

Limitation of Liability

13.1 To the maximum extent permitted by law, all express or implied terms, conditions, warranties and representations in relation to any Website Material, the services provided by us (or our affiliates) and the Website are expressly excluded. In particular, we make no promises that the Website will operate on your computer and we do not assume any responsibility for (and you agree we will not be liable for) any cost, damage or loss incurred by you as a result of using the Website (or the Website Material) including arising from, or in relation to, any error, action, omission, “bug”, “virus”, interruption, interference, deletion, defect, delay in operation or transmission, communication line failure, unauthorised access to, or alteration of the Website or Website Material, whether negligent or otherwise.

13.2 In no event will we (including our officers, employees, representatives, affiliates, agents and related parties) be liable whether arising under contract, in tort (including negligence), under statute, in equity or otherwise at law, for any: (a) direct loss; or (b) indirect or consequential loss (even if we are aware of the possibility of such loss or if such loss was otherwise foreseeable), including, but not limited to, loss of profits, production, data, opportunity or goodwill; or (c) business interruption; however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of your use of the Website, our services or the Website Material.

13.3 If any of the exclusions or limitations set out in this clause are declared illegal or void or if you claim that there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by these Website Ts & Cs, to the extent permitted by law, our maximum aggregate liability to you, whether arising under contract, in tort (including negligence), under statute, in equity or otherwise at law is limited, in our discretion, to: (a) with respect to the supply of goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; (b) with respect to the supply of services: (i) the re-supply of the services; or (ii) the payment of the cost of having the services re-supplied, each capped at the total subscription fees paid by you to us in the 12-month period immediately prior to any claim being made by you.

No Endorsement of Third Parties or Third-Party Content

14.1 The Website may include third-party content or advertising or links to third-party content, advertising and other websites (including Practitioners available to book via the Website). Links to third-party content, advertising and/or other websites are inserted for convenience and do not constitute endorsement of material or information at those links, or any associated person, organisation, product or service.

14.2 The inclusion of third-party content or advertising on the Website does not, in itself, constitute our endorsement of such third party content or advertisement (or the subject matter contained in such content or advertisement). You acknowledge and agree that unless specifically expressed otherwise, we do not endorse any person (including any doctor or nurse), advertising, products, goods or resources appearing on the Website or available via links on the Website (and are not responsible for, or liable in any way in relation to, such advertising, products, goods or resources).

14.3 You acknowledge that third-party websites and services which are linked to this Website may be governed by their own terms and conditions, and you agree that it is your responsibility to make yourself aware of, and to comply with, such third-party terms and conditions.

14.4 Without limiting the foregoing, you acknowledge that websites on which you can make bookings (including Halaxy) are owned and operated by third parties and do not form part of the services we provide. The making of bookings through such third-party websites will be governed by the terms you enter with such third parties and not us.

Commissions

15.1 You acknowledge and agree that we may receive fees and/or commissions from third parties providers if you purchase goods or services from any provider we recommend to you.

Jurisdiction

16.1 You understand and agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia to resolve any legal matter arising in connection with the Website Ts & Cs (including any use of the Website).

Unenforceable Provisions

17.1 If the courts of NSW rule that any provision of the Website Ts & Cs is invalid or unenforceable, then that provision will be removed or read down and amended, and the remaining provisions will continue to be valid and enforceable.

Changes to the Terms

18.1 We reserve the right to modify the Website Ts & Cs from time to time at our sole discretion and without any notice. We will endeavour to notify you of any changes to the Website Ts & Cs, but you agree to regularly check the Website Ts & Cs for updates. Changes to the Website Ts & Cs become effective on the date they are posted and your continued use of the Website after any changes to the Website Ts & Cs will signify your agreement to be bound by the amended Website Ts & Cs.

Relationship

19.1 Nothing in these Website Ts & Cs is intended to create, nor does create, a partnership, agency, employment or fiduciary relationship between us and you (or any user of the Website).

19.2 Veva Medical is entitled to, assign, license or sub-contract its rights and obligations under this Agreement to any party, including any related entity of Veva Medical. You may not assign, license, sub-contract or otherwise dispose of your rights or obligations under this Agreement.

Additional Terms

20.1 These Website Ts & Cs do not cover all aspects of every interaction of our relationship with you (or between you and any Practitioners with whom you make appointments). For example, if you subscribe to a particular service offered by us, then you may be required to enter a further agreement in relation to that particular service. Even if you enter such a further arrangement with us, these Website Ts & Cs shall continue to be binding.

Choice of Pharmacy

21.1 We may recommend partner pharmacies to dispense medications prescribed by Practitioners following your use of our services

21.2 You are not required to use a recommended pharmacy and may choose your own and you can, at any time, request that we provide you with a copy of your prescription for you to attend and present to any pharmacy of your choice.

21.3 We cannot guarantee availability or timely dispensing at your selected pharmacy.

21.4 If your chosen pharmacy requests supporting documentation from us, we may charge an administration fee for retrieval and preparation of those documents, and will notify you prior to completing the work.

Promotional Communications

22.1 By providing your contact details, you consent to receiving service-related communications, including text (SMS) messages and emails from Veva Medical and its representatives. Receiving promotional texts is not a requirement for any purchase or service from Veva Medical. If your phone number changes or is deactivated, please update your information with our patient care team to prevent messages from being sent to the wrong recipient.

22.2 SMS and email marketing communications are optional.

22.3 You may opt out of promotional communications at any time using standard opt-out mechanisms.

User Generated Content

23.1 You are responsible for any content you submit or post.

23.2 If you participate in Veva Medical owned social media accounts (including Instagram & Facebook), you agree not to post any content that violates laws or third-party rights, including intellectual property rights, or that is unlawful, abusive, threatening, defamatory, or offensive.

23.3 Veva Medical is not responsible for content posted by others on social media, including its accuracy, completeness, timeliness, legality, or quality.

Privacy

24.1 You should review our Privacy Policy before using the Website and our services. By providing personal information to us, you acknowledge that we collect, hold and disclose your personal information in accordance with our Privacy Policy, and you agree to our Privacy Policy.

24.2 We collect personal information about you in order to provide our services and for other purposes set out in Privacy Policy.

We may disclose that information to third party service providers who help us deliver our services, such as our information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators, our business partners or as required by law, including to the Australian Department of Health and state authorities. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.

Our Privacy Policy contains further information about:

1. how we store and use personal information;

2. how users can access and seek correction of your personal information;

3. how users can make a privacy-related complaint; and

4. our complaint handling process.