Terms and Conditions

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 and any other digital media and service platforms made available by Apex Health from time to time.

“Personal Information” means contact information, health information and any other information which is identifiable as being about the User and has the meaning given to it in section 6 of the Privacy Act 1988 (Cth).

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

“Terms and Conditions” means these terms and conditions and any other instructions, notifications of documents sent or made available by Apex Health from time to time, including Apex Health’s privacy policy located at https://apexhealthco.com.au/privacy-policy (“Privacy Policy”). A reference in the
Terms and Conditions to the singular includes the plural and vice versa.

“User (“you”, “your”)” means anyone who utilises any part of the Apex Health Website and/ or receives Services.

“User Content” means any and all information and content that a User submits to, or uses with, the Apex Health Website or Services, including without limitation, content in the User’s profile (if applicable), User reviews and/or postings.

1.3 Apex Health own and operate the Apex Health Website. Access to and use of the Apex Health Website and Services are subject to the Terms and Conditions. By using the Apex Health Website and Services, you agree to the Terms and Conditions, as may be updated from time to time.

1.4 Apex Health reserves the right to change the Terms and 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 By using the Apex Health Website and Services, Users agree to abide by these Terms and Conditions and any amendments to the Terms and Conditions as posted to the Apex Health Website from time to time.

1.5 The Privacy Policy sets out how we collect, use, disclose and store the Users’ Personal Information. By providing Personal Information to us via Apex Health Website or otherwise, you consent to the collection, use, disclosure and storage of your personal information in accordance with the Privacy Policy, as amended from time to time. The terms of the Privacy Policy are hereby incorporated into these Terms of Use.

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. Apex Health Website also facilitates Users’ access to consultations with medical and other health practitioners (“Health Practitioners”). Apex Health is not responsible for the advice provided by Health Practitioners and does not make any representations about their expertise or suitability of the advice provided or not provided.  The Apex Health Website and Services may also provide you with access to independent pharmacies which may dispense products prescribed or recommended by a Health Practitioner (“Partner Pharmacies”).  Apex Health is not responsible for the quality or suitability of products and services provided by the Partner Pharmacies or any other pharmacies.

2.2 The User agrees and acknowledges that they are solely responsible for updating Personal Information provided to, and held by Apex Health.

3. Acceptable Use

3.1 Subject to these Terms and Conditions, Apex Health grants the User a non-transferable, non-exclusive licence to use the Apex Health Website and Services for your personal, non-commercial use.

3.2 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.

3.3 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.

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

3.5 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.

3.6 Apex Health reserves the right, at any time, to modify, suspend or discontinue the Apex Health Website or Services, or any part thereof with or without notice. You agree that Apex Health will not be liable to you or any third party for any modification, suspension or discontinuance of the Apex Health Website or Services.

4. Acknowledgements and Disclaimers

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 Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on the Apex Health Website is provided without any guarantees, conditions or warranties as to its accuracy.

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. Any information accessed through the Apex Health Website and Services, or within any of the Apex Health social media pages or channels is for informational and educational purposes only, and is not intended to be a substitute for medical advice, diagnosis, or treatment.

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

4.5 Apex Health is not responsible for your relationship with any Health Practitioners, Partner Pharmacies, third parties, or other Users of the Apex Health Website or Services.

5. Communications

5.1 Text Message

a. Where you have provided us with your phone number, you agree that Apex Health and those acting on its behalf may send you text messages (SMS). Standard SMS charges applied by your mobile phone carrier will apply to SMSs we send. Your agreement to receive promotional texts is not a condition of any purchase or service offered by Apex Health. If you change or deactivate the phone number you provided to Apex Health, 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 SMSs from Apex Health at any time by deleting your account or by replying STOP to any text message from Apex Health. NOTE: opting-out of receiving all SMSs from Apex Health may limit your ability to use certain Services. You may continue to receive text messages for a short period while Apex Health processes your request, and you may also receive SMSs confirming the receipt of your opt-out request

5.2. Email

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.

6. Third Parties

6.1 Third- party interactions. During the use of the Apex Health Website and/ or Services, you may enter into correspondence with, purchase goods and/or services from, or participate in other activities of third-party service providers, including Health Practitioners, Partner Pharmacies, advertisers or sponsors (“Third Party Partners”) showing their goods or services through the Apex Health Website or Services or communicated to you by Apex Health via SMS or email (“Third Party Interactions”). Apex Health 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. Apex Health shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction, or promotion between you and any such third-party. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Apex Health Website or Services.

6.2 Third party content. Apex Health Website may contain, display or make available the content of third parties (“Third Party Content”). Third Party Content may include but is not limited to hyperlinks to 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 your use of, or interaction with, Third Party Content. When you link to a Third Party Content, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you find necessary or appropriate before proceeding with any transaction in connection with such Third Party Content. Where hyperlinks to Third Party Content are provided through Apex Health Website, we make no claims regarding the suitability or otherwise of the third party’s products or services to your needs, nor do we warrant the third party website is free of viruses or other malicious software.

6.3 Release regarding other Users, third party interactions or Third Party Content. To the maximum extent permitted by law, you hereby release and forever discharge Apex Health (and our officers, directors, contractors, employees, agents, successors and assignees) 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 (including personal injuries, death, and property damage), 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 Apex Health Website or Service users, Third-Party Interactions, or Third-Party Content.

7. User Content and Feedback

7.1 You acknowledge and agree that Apex Health is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Apex Health 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.

7.2 You agree not to use Apex Health Website, Services, or any of Apex Health social media pages or channels to collect, upload, transmit, display, or distribute any User Content that:

a. 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;

b. 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
c. in violation of any law, regulation, or obligations or restrictions imposed by any third party.

7.3 You hereby grant, and you represent and warrant that you have the right to grant, to Apex Health 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 Apex Health Website and Services. You agree to irrevocably consent to permitting Apex Health and any respective licensees, assignees and successors in title to infringe any and all moral rights that you may have with respect to your User Content.

7.4 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 access to Apex Health Website or Services, and/or reporting you to law enforcement authorities) if we in our sole discretion suspect that you have violated the any provision of these Terms and Conditions, any applicable law or otherwise create liability for us or any other person.

7.5 ‍Each User of the Apex Health Website 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. Apex Health makes no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Users are solely between you and such User. You agree that Apex Health will not be responsible for any loss or damage incurred as the result of any such interactions. Apex Health is under no obligation to become involved or assist in the resolution of disputes between Users.

7.6 ‍If you provide Apex Health any feedback or suggestions regarding the Apex Health Website or Services (Feedback), you hereby assign to Apex Health all rights in the Feedback and agree that Apex Health shall have the right to use such Feedback and related information in any manner it deems appropriate. Apex Health will treat any Feedback you provide to Apex Health as non-confidential and non-proprietary. You agree that you will not submit to Apex Health any information or ideas that you consider to be confidential or proprietary.

8. Term and Termination

8.1 Subject to this clause 8, these Terms and Conditions will remain in full force and effect while you use the Apex Health Website or the Services.

8.2 We may suspend your right to use the Apex Health Website and/ or the Services at any time and for any reason at our sole discretion, including for any use of the Apex Health Website or the Services in violation of these Terms and Conditions (“Termination”). Upon Termination, your right to use the Apex Health Website (including any accounts you create with Apex Health Website) or Services will terminate immediately.

8.3 After Termination, the provision of these Terms and Conditions which are capable of operating will remain in effect.

9 Liability and Indemnity

9.1 In this clause 9, a reference to Apex Health includes its related bodies corporate, officers, directors, contractors, employees and agents.

9.2 You agree to indemnify and hold Apex Health, harmless from any and all losses (including reasonable legal costs and expenses) or liabilities incurred by Apex Health arising from any claim, demand, suit, action or proceeding by any person against Apex Health arising from, in connection with or in respect of:

a. your breach of the Terms and Conditions, including a breach of any representations or warranties that you make pursuant to the Terms and Conditions; and

b. your publication or distribution of any material or information about, or in relation to, the Apex Health Website and/or Services.

9.3 To the maximum extent permitted by law, and subject to clause 9.4 of these Terms and Conditions, Apex Health’s maximum aggregate liability to any User, whether arising under contract, in tort (including negligence), under statute, in equity or otherwise at law, shall not exceed $1000.

9.4 Notwithstanding anything in the Terms and Conditions, Apex Health will not be liable to any User or third party, whether arising under contract, in tort (including negligence), under statute, in equity or otherwise at law, for any indirect or consequential loss or damage, including, but not limited to loss of profit, loss of revenue, loss of business or contracts, business interruption, special damages or pecuniary loss, or loss of data, whether or not such loss or damage was in the reasonable contemplation of the parties at the time of entering into the agreement between them.

10. General

10.1 These Terms and Conditions contain the entire understanding and agreement between you and us in respect of the apex Health Website and Services. If any provision of these Terms and Conditions is deemed unenforceable or invalid by a court, this will be deemed to be deleted and will not affect the operation or interpretation of any other provision of the Terms and Conditions.

10.2The laws of the State of Queensland apply to, and govern, the Terms and Conditions. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Apex Health Website may be accessed in Australia and overseas. We make no representation that the Apex Health Website complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Apex Health Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Apex Health Website.

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

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

10.5 Dispute Resolution

a. We are always interested in resolving disputes amicably and efficiently.  Attempts to informally resolve any dispute must be exhausted before any formal legal proceedings or arbitrations may be commenced.  Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@apexhealthco.com.au. If such efforts prove unsuccessful in the reasonable opinion of Apex Health, a party who intends to seek arbitration must first send to the other, by certified mail, a written notice of dispute (“Notice”). The Notice to us should be sent to the following address:  PO BOX 292, Spring Hill 4004.

b. Except for disputes brought in small claims court or tribunal, all disputes between you and Apex Health arising out of, relating to or in connection with the Apex Health Website or Services shall be exclusively settled through binding arbitration pursuant to the then-current rules of Queensland for commercial arbitration and subject to the laws of the State of Queensland. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in the Terms and Conditions to the contrary, we agree that if Apex Health makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) of which you had already provided Notice to Apex Health. If the arbitration in this clause 10.5(b) is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in Queensland, Australia. You hereby accept the exclusive jurisdiction of such court for this purpose.

c. All aspects of the dispute resolution, including arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.