1. Introduction

1.1 Apex Health Pty Ltd ACN 665 325 271 (“we”, “us” and “our” and “Apex Health”) provides the Services to Users.

1.2 For the purposes of these terms and conditions, the following definitions apply:

“Apex Health” means Apex Health Services Pty Ltd ACN 665 325 271.

“Apex Health Website” means www.apexhealthco.com.au

“Personal Information” means contact information, health information and any other information reasonably relevant to the provision of the Services or provided by a User.

“Services” means any services provided or offered by Apex Health from time to time.

“Terms & Conditions” means these terms and conditions and any other instructions, notifications of documents sent by Apex Health from time to time. A reference in the Terms & Conditions to the singular includes the plural and vice versa.

“User” means anyone who utilises any part of the Apex Health Website.

1.3 Apex Health reserves the right to change the Terms & Conditions at any time without notice, subject to applicable Federal or State/Territory legislation, by posting such changes on our website www.apexhealthco.com.au.

1.4 The laws of the various State/Territories in which the relevant User resides apply to the Terms & Conditions.

1.5 By using Apex Health’s services and website Users agree to abide by these Terms & Conditions and any amendments to the Terms & Conditions as posted to our website.

1.6 If any of these Terms & Conditions is found to be invalid or unenforceable, that invalidity or unenforceability will not affect the remainder of the Terms & Conditions, which will continue in full force and effect.

2. Services

2.1 The User acknowledges that the Apex Health Website provides a platform for information regarding Services and for the request and delivery of the Services to the User.

2.2 The User agrees and acknowledges that they are solely responsible for updating information held by Apex Health.

3. Acceptable Use

3.1 The User agrees to only use the Apex Health Website for its intended purpose and not in any way that causes, or may cause, damage to the Apex Health Website or impair the availability or accessibility of the Apex Health Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

3.2 The User agrees not to use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus or other malicious computer software.

3.3 The User agrees that it will not conduct any data collection activities on or in relation to the Apex Health Website.

3.4 The User agrees that it will not use the Apex Health Website to transmit or send unsolicited commercial communications or for any purposes related to marketing with prior written consent from Apex Health.

4. Acknowledgements

4.1 The User acknowledges that the Apex Health Website contains only general information, and we make no warranty or representation that any of the information contained herein will be suitable for the User’s specific needs.

4.2 The User acknowledges that the Apex Health Website is provided “as is” without any representations or warranties, express or implied.

4.3 The User acknowledges that Apex Health does not warrant that the Apex Health Website will be constantly available, or available at all; or that the information on this website is complete, true, accurate or non-misleading.

4.4 The User acknowledges that nothing on the Apex Health Website constitutes, or is meant to constitute, advice of any kind.

5. Refunds & Anti-Money Laundering (AML) Policy

5.1 We will allow refunds of any payments or donations in certain circumstances where We consider it is appropriate in our absolute discretion.

5.2 The method of requesting a refund depends on the payment gateway through which payment was made.

5.3 Refunds will only be issued via the same method in which payment was originally received and will be processed in Australia dollars.

5.4 The above refund policy is designed to prevent money laundering activities.

6. Hyperlinks, Advertising, Sponsors & Third Party Content

6.1 Our website or application may contain the content of third parties (Third Party Content). This content may include but is not limited to hyperlinks to external (third party) websites or program sponsors. None of these things is to be taken as an endorsement, recommendation or approval of the third party, or sponsor or their products or services. We accept no responsibility for the accuracy, currency or suitability or otherwise regarding Third Party Content. Any use or reliance on such content is at your own risk and we do not accept liability for any loss, damage, costs or expenses arising as a result of the use or reliance.

6.2 Where hyperlinks to third party websites are provided, we make no claims regarding the suitability or otherwise of the third party’s products or services to your needs, nor does it warrant the third party website is free of viruses, trojans or other malicious software.

7. Communication & 3rd Party Partners

7.1 The User agrees that we may contact them to inform them of other services that we or our 3rd party partners provide.

7.2 The User acknowledges that they are not obligated to engage us or our 3rd party partners and that the offers made are for the purposes of convenience.

7.3 The User agrees and acknowledges that service-related communications will be sent to nominated contact details, subject to our Privacy Policy, regardless of contact preference.

7.4 The User acknowledges that our Privacy Policy is available on the Apex Health Website for information on how we deal with Personal Information.

8. General

8.1 The User acknowledges that any breach of these Terms & Conditions may result in Apex Health taking such action as it deems appropriate to deal with the breach.

8.2 The User agrees and acknowledges that we may revise these Terms & Conditions from time to time and that such revised Terms & Conditions will apply to the use of the Apex Health Website from the date of publication of the revised Terms & Conditions on the Apex Health Website.

8.3 The User acknowledges that Apex Health may assign its rights and/or obligations under these Terms & Conditions without notifying the User or obtaining its consent.

8.4 The User may not transfer, sub-contract or otherwise deal with its rights and/or obligations under these Terms & Conditions.