Terms & Conditions

This platform (Platform) is operated by Pack a Pill Pty Ltd ABN 62 634 507 949, or its successors and assignees (we, our or us). The Platform is available through our mobile application and may be available through other online addresses or channels, including on our website, holameds.com.au. The Platform refers to our marketplace regardless of how you access it.

The Platform connects patients (Patient or you) requiring an appointment with a medical practitioner with medical practices (Medical Clinics) by facilitating the booking of, and hosting of, telehealth consultations and the provision of electronic prescriptions from the Medical Clinic to the Patient. The Platform also connects registered Australian pharmacies and chemists (Pharmacy or Pharmacies) with Patients by facilitating introductions between Pharmacies and Patients and providing a medication and medical product ordering and delivery service.

We agree to provide you the Services under these Terms. The Services include the provision of a technology platform to enable you, as a Patient to (1) book and attend telehealth consultations; (2) order medication or medical products from Pharmacies and arrange delivery from third-party delivery drivers (Delivery Drivers); and (3) facilitate payments from you to Medical Clinics, Pharmacies and Delivery Drivers for their services. You understand that we only make available the Platform and the Services. We do not provide pharmaceutical, medical or delivery services and all Medical Clinics (and their medical practitioners), Pharmacies and Delivery Drivers are third party contractors who are not employed by us. We do not accept any Liability for the services provided by Medical Clinics (including their medical practitioners), Pharmacies or Delivery Drivers.

Medical emergencies: If you require immediate medical attention, contact your treating general practitioner or call 000. DO NOT USE THE PLATFORM IF: You have or think you may have an emergency or critical condition or symptom, including, but in no way limited to: -Severe chest pain -Heart attack -Stroke -Loss of consciousness -Severe bleeding -Breathing difficulty If you are in doubt about the seriousness of your condition, the appropriateness or effectiveness of using this Platform or believe that you, or anyone is in an urgent, dangerous or emergency situation, you should not use the Platform and instead contact 000 immediately or seek alternative and appropriate medical services.

Acceptance

By downloading our mobile application, accessing or using our Platform, you (1) warrant to us that you have reviewed these terms and conditions, including our Privacy Policy (available on the Platform) (Terms), (including, if applicable, with your parent or legal guardian) and you understand them; (2) warrant to us that you have the legal capacity to enter into a legally binding agreement with us; and (3) agree to use the Platform in accordance with these Terms.

You must be 18 years old to hold an Account. If you are under 18 years old, your parent or legal guardian may add you to their profile to allow you to benefit from the Services. If you are a parent or legal guardian allowing a minor to access or use the Platform, you agree to: (1) supervise the minor’s use of the Platform (including any telehealth consultations between your child and a Medical Clinic); (2) assume all risks associated with, and liabilities resulting from, the minor’s use of the Platform; (3) ensure all information submitted to us by the minor is accurate; and (4) provide the consents, representations and warranties contained in these Terms on the minor’s behalf.

Please read these Terms carefully and cease using the Platform if you do not agree to the Terms. We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Platform. We recommend you check our Platform regularly to ensure you are aware of our current Terms.

If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

Licence to use our platform

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.

Platform summary

1. The Platform connects you to Medical Clinics to facilitate the booking of telehealth consultations with them (Booking) and hosting of online telehealth consultations between you and the Medical Clinic (Telehealth Consultation) and the provision of electronic prescriptions from the Medical Clinic to you, including by way of an in-platform token number, recognisable as a prescription by Pharmacies (Electronic Prescriptions). The Platform also connects you to Pharmacies and facilitates an introduction and ordering service for over-the-counter medication and prescription medication (Medication).

Telehealth Consultations

1. You may search the list of Medical Clinics on the Platform, select one of their medical practitioners and book a Telehealth Consultation with them based on their availability (Booking Request).
2. Payment for any Booking must be made at the time you make your Booking in accordance with the terms set out under Fees and Payments, unless otherwise set out by the Medical Clinic on the Platform (for example, if the Medical Clinic offers bulk billing).
3. Once you have made payment (if applicable), the Booking Request will be automatically approved, becomes a Booking, and we will send you a Booking confirmation. Any cancellations must be made in accordance with our Refunds, Rescheduling and Cancellation Policy
4. We will send you a notification reminding you of your Booking 10 minutes before your Booking and provide you with a link to have the Telehealth Consultation.
5. The Medical Clinic will communicate to you any additional terms and conditions relating to the Booking (including relating to bulk billing or the collection and use of your personal information). To the extent there is inconsistency between any additional terms and conditions and these Terms, these Terms will prevail.
6. If the medical practitioner issues you with a prescription, you may choose to (1) pick up the original prescription from their Medical Clinic; (2) have the medical practitioner send it to your preferred Pharmacy; or (3) have the medical practitioner provide you with an Electronic Prescription, available within the Platform.

Ordering Medication from a Pharmacy

1. You may (1) search available Pharmacies and the product catalogue or enter details of the Medication required (including by scanning and uploading your Electronic Prescription or any other prescription you have (Prescription)); and (2) place an order for the Medication through the Platform with a Pharmacy (Medication Request).
2. Payment for any Medication Request must be made at the time you place your Order in accordance with the terms set out under Fees and Payments. When payment has been made, a Medication Request became an Order.
3. The Order is sent to the Pharmacy through the Platform. If the Pharmacy cannot fulfill your Order (for example, if they are out of stock), we will contact you to let you know your Order has been cancelled and provide you with a refund of any payment you have already made.
4. If the Medication you are ordering requires a Prescription from your medical practitioner, you will not be able to place a Medication Request without a Prescription. If our Platform cannot recognise the details in the Prescription you upload (for example, if the handwriting is messy), we will forward the uploaded Prescription to your selected Pharmacy. Once the Pharmacy has confirmed the pricing and availability of the Medication, we will notify you and confirm with you whether you wish to purchase the Medication. For the avoidance of doubt, you will not be deemed to have placed an Order (and you will not be required to make payment) until we confirm the availability and pricing of the Medication with you.
5. You may choose to collect the Medication from a Pharmacy or have it delivered to your delivery address. If you choose to collect the Medication, it will be available 20 minutes after you have placed your Order (subject to the Pharmacies’ trading hours). If you choose to have your Order delivered, you will be able to choose the delivery address, delivery date and delivery window for the delivery of your Medication on the Platform. You will only be able to place Orders with Pharmacies in a reasonable distance from your delivery location.
6. You agree that estimated delivery times may be affected if a Pharmacy is required to contact you for further information to dispense the Medication, including if you are not available to take a call, the Pharmacy cannot contact you, or for any reason which means the Pharmacy does not have all required information needed to dispense the Medication.
7. Once you have placed an Order, you can communicate with the Pharmacy using the contact details provided on the Platform. Pharmacies may need to contact you in order to confirm Prescription details.
8. When providing the Medication (1) the Pharmacy will only provide for collection and Delivery Drivers will only deliver to the individual listed on the Order submitted to the Pharmacy; (2) if the original Prescription was not provided by the Medical Clinic to the Pharmacy, you must provide the original Prescription for the Medication to the Pharmacy or Delivery Driver (as applicable); and (3) you must provide the Pharmacy or Delivery Driver (as applicable) with acceptable forms of identification, such as a passport or drivers’ licence to enable the Pharmacist or Delivery Driver to verify your identity. They will not provide the Medication to you without a valid and acceptable form of identification and the original Prescription (unless the Pharmacy already has it).
9. Be present at the delivery address: If you have chosen to have the Medication delivered, you must be present at the delivery address to accept delivery of your Order. If you are not present at the delivery address at the time your Order is delivered, then you will be notified and the Delivery Driver may attempt to re-deliver your Order. If you provide an incorrect delivery address or you are not present to accept delivery of your Order after the Delivery Driver has made reasonable effort to deliver your Order, the Pharmacy may cancel your Order or request you collect it from the Pharmacy, and to the extent permitted by law, you will not be allowed a refund.

Collection notice

1. We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
2. We may disclose that information to your chosen Medical Clinic (and medical practitioner) and Pharmacy, as required for them to provide their services to you as a Patient, to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information, we may not be able to provide our Services to you and Medical Clinics and Pharmacies may not be able to provide their services to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
3. Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.
4. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

Registration and profiles

1. You must register on the Platform and create an account (Account) to access most features on the Platform. If you do not register on the Platform, you will not be able to make Bookings, have a Telehealth Consultation or place an Order.
2. You must provide your name and mobile phone number when registering for an Account. We will then send an OTP to your mobile phone number which you must use to verify your mobile phone number and you will be required to create a password for your Account.
3. Once you have registered an Account, your account information will be used to create a profile (Profile). You will need to complete your Profile before making a Booking or placing an Order. To complete your profile, you will be required to provide your address, date of birth, email address, concession card details (if applicable), Medicare details and basic clinical information.
4. You may create Profiles for your immediate family members (including your child/ren or spouse) and link them to your Account and make Bookings or place Orders on their behalf. By creating a Profile for your spouse, you warrant that you have your spouse’s permission to provide us with their personal information.
5. You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.
6. You are responsible for keeping your Account and Profile details and your password confidential and you will be liable for all activity on your Account, including purchases made using your Account details, whether or not you authorised such activities or actions.
7. You will immediately notify us of any unauthorised use of your Account.
8. At our sole discretion, we may refuse to allow any person to register or create an Account.

Fees and payments

1. It is free to register an Account and create Profiles on the Platform.

Telehealth Consultations

1. You agree to pay the price set out on the Platform for Telehealth Consultations (Telehealth Consultation Fee) at the time you make a Booking (unless the Platform otherwise indicates that the Medical Clinic bulk bills or has alternative payment terms).
2.  You must make payment of the Telehealth Consultation Fee through our third party payment processor.
3. Upon receipt of the Telehealth Consultation Fee from you, as the Medical Clinic’s limited payment collection agent, we will collect and hold all payments for Telehealth Consultations and payment will be transferred to the Medical Clinic according to the agreement we have with the Medical Clinic.

Ordering Medication from a Pharmacy

1. You agree to pay the relevant price for the Medication set out on the Platform (Medication Fee) to the Pharmacy at the time you place an Order. Delivery fees will be set out on the Platform separately and must be paid at the time you pay the Medication Fee.
2. In consideration for providing the Platform, we will charge the service fees as set out on the Platform for each Order (Service Fee). To the extent permitted by law, our Service Fee is non-refundable.
3. You must make payment through our third party payment processor. You may be entitled to have all or part of the Medication Fee subsidised through the Pharmaceutical Benefits Scheme (PBS) if the selected Pharmacy is an approved supplier under the PBS.
4. Upon receipt of the Medication Fee from you, as the Pharmacy’s limited payment collection agent, we will collect and hold all payments for Medication and payment will be transferred to the Pharmacy according to the agreement we have with the Pharmacy.

General

1. We provide a number of payment methods on the Platform, including our third party payment processor, currently PayPal. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third party payment processor. By making payment through a third party payment processor, you accept the applicable terms and conditions.
2. In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the payment.

Limited payment collection agent

1. We are appointed by each Medical Clinic, Pharmacy and Delivery Driver as their limited payment collection agent solely for the purpose of accepting payments for Telehealth Consultations, Medication and delivery fees from you and, if relevant, to process any refunds as permitted by these Terms.
2. As the limited payment collection agent for Medical Clinics, Pharmacies and Delivery Drivers, we agree to facilitate the payment of the Telehealth Consultation Fees, Medication Fees and delivery fees. In the event that we do not remit payments for Telehealth Consultations, Medication or delivery as set out in the Fees and Payment clause above, Medical Clinics, Pharmacies and Delivery Drivers will only have recourse against us.

Refund, rescheduling and cancellation policy

1. If you would like to cancel a Telehealth Consult or an Order, or request a refund, you must contact us through the Platform.

Telehealth Consultations

1. You must provide at least 3 hours’ notice prior to your Booking if you wish to cancel or reschedule a Booking.
2. If you reschedule a Booking in accordance with clause (b) above, then any payment you have made will be transferred to your new Booking. If a higher amount is required (for example, you change the timing of your Booking), then we will request the updated amount before rescheduling your Booking.
3. If you cancel a Booking in accordance with clause (b) above, then we will refund you any amount already paid by you for the Telehealth Consultation.
4. If you cancel or reschedule your Booking within 3 hours of your Booking, you are late for your Booking or you do not show up for your Booking, to the extent permitted by law, the Telehealth Consultation Fee is non-refundable.
5. Any issues relating to the quality of the service provided by a Medical Clinic in a Telehealth Consultation or the advice provided by a Medical Clinic in a Telehealth Consultation, is the responsibility of the Medical Clinic, and the cancellation, exchange or refund of any services ordered on Platform is a matter between you and the relevant Medical Clinic, subject to the following clause (g).
6. If:

1. a Medical Clinic cancels a Booking at any time;
2. a Telehealth Consultation is unable to be properly delivered due to technical issues, as solely determined by the Medical Clinic;
3. a Medical Clinic is more than 10 minutes late for a Booking or does not attend the Telehealth Consultation; or
4. the Medical Clinic directs us to refund the Telehealth Consultation Fee as their limited payment collection agent; and
5. we are satisfied that the Telehealth Consultation Fee should be returned to you, we will return the Telehealth Consultation Fee to you in full.

Ordering Medication from a Pharmacy

1. When you place an Order for Medication, there are no refunds provided for change of mind.
2. If there is any fault, error or defect in the Medication, you must contact us within 7 days of receipt of the Medication.
3. If on our receipt of information from you through the Platform, we reasonably hold the view that there has been a fault, error or defect in the Medication, we will inform the Pharmacy and refund you or have the Pharmacy exchange the Medication for you, in accordance with our discretion.
4. If the Pharmacy exchanges the Medication for you, you will need to agree on the new delivery details with the Pharmacy and on the return of the defective Medication, including any costs associated with returning the defective Medication.

Prohibited conduct

You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (without limitation):

1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
2. using our Platform to defame, harass, threaten, menace or offend any person;
3. interfering with any user using our Platform;
4. tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;
5. anything that might violate any local, state, national or other law or regulation or any order of a court;
6. using our Platform to abuse in any way the PBS;
7. using our Platform to find a Medical Clinic or Pharmacy and then making a booking or completing an order or transaction independent of our Platform in order to circumvent the obligation to pay any fees related to our provision of the Platform;
8. making a Booking that you do not intend to attend;
9. using our Platform to send unsolicited email messages; or
10. facilitating or assisting a third party to do any of the above acts.

Use of the platform

In the use of the Platform, you agree:

1. that any Telehealth Consultation will end at the Telehealth Consultation end time and if you require further advice or information, you must make another Booking;
2. the Platform is not intended to replace in-person consultations, physical examinations or a visit to the emergency department;
3. if following a Telehealth Consultation, you have questions or require follow up documentation, an examination, testing, surgery or any other further assistance which is not provided via the Platform, you must contact the relevant Medical Clinic directly; and
4. the Platform is not intended to replace your relationship between you and your healthcare provider, doctor or pharmacist and is not an attempt to practice or provide medical or pharmaceutical advice. The Platform should not be used as a substitute, or relied on, for professional diagnosis and treatment. Any information on the Platform is provided simply for your convenience, is not based on your personal circumstances and is not to be taken to be medical advice, treatment or a diagnosis, nor is it intended to be a substitute for seeking professional medical advice (whether through a Medical Clinic on our Platform or otherwise). You are solely responsible for determining the suitability of the Platform and your reliance on the Platform is at your own risk.

Your obligations and warranties

You:

1. if purchasing Prescription Medication, must have obtained a valid Prescription from a medical health practitioner prior to submitting an Order;
2. must not submit an Order on behalf of another person (other than your child);
3. if you are making a Booking or placing an Order for your child, warrant that you are that child’s parent or legal guardian;
4. must, if requested by a Pharmacy or Delivery Driver, provide your personal identification; and
5. must provide consent for the Pharmacy to view your Prescription.

Exclusion of competitors

You are prohibited from using our Platform, including the information and materials available on it (Content), in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.

Information

The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Intellectual property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

You must not, without the prior written consent of ourselves or the owner of the Content (as applicable):

1. copy or use, in whole or in part, any Content;
2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
3. breach any intellectual property rights connected with our Platform, including (without limitation) by (1) altering or modifying any of the Content; (2) causing any of the Content to be framed or embedded in another website; or (3) creating derivative works from the Content.

User content

You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Platform. By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to view, copy, transfer and communicate such User Content on, through, or by means of our Platform, for the purposes contemplated by our Platform.

You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that:

1. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
2. neither the User Content nor the uploading, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.

Third party sites: Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.

Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Consumer guarantees

1. Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).
2. Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to you is governed solely by the ACL and these Terms.
3.  The goods and services provided by a Pharmacy or Medical Clinic might also confer you with certain Statutory Rights.

Warranties, disclaimers and indemnity

To the extent permitted by law, we make no representations or warranties about our Platform, the Content, Pharmacies, Medical Clinics, Delivery Drivers, Medications, Telehealth Consultations, Bookings or Electronic Prescriptions, including (without limitation) that:

1. they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
2. access will be uninterrupted, error-free and free from viruses; and
3. our Platform will be secure.
4. You read, use, and act on our Platform and the Content at your own risk.

Limitation of liability: Despite anything to the contrary, to the maximum extent permitted by law:

1. our maximum aggregate Liability arising from or in connection with these Terms (including the services we provide and/or the subject matter of these Terms) will be limited to, and must not exceed the aggregate amount of fees paid by you to us during the three-month period immediately preceding the event that gave rise to the Liability or $100 if no such fees have been paid; and
2. we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
3. Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any:
   1. event or circumstance beyond our reasonable control;
   2. acts or omissions of you or your personnel;
   3. any defect, error, omission, lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit), inaccessibility of, interruption or outage with respect to the Platform;
   4. use of the Platform and/or Content;
   5. interaction you have with a Medical Clinic (including their medical practitioners), Pharmacy or Delivery Driver, whether in person or online;
   6. any injury or loss to any person;
   7. Content which is incorrect, incomplete or out-of-date; or
   8. breach of these Terms or any law.
4. You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.
5. This clause will survive the termination or expiry of these Terms.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Termination

1. You may cancel your Account and terminate these Terms at any time via the Cancel Account feature (or similar) on our Platform or by sending us an email to the address at the end of these Terms. If you cancel your Account, any Bookings will be automatically cancelled and refunds will be provided to you in accordance with our Refunds, Rescheduling and Cancellation Policy. If you have placed an Order, that Order will still be fulfilled and no refund will be provided.
2. We may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to the email address in your Account.
3. At our sole discretion, we may suspend your Account or terminate these Terms immediately without notice if (1) you are in breach of these Terms, any applicable laws, regulations or third party rights (2) (3) we have received complaints about you; or (4) you have breached any applicable laws.

Disputes: We encourage you to attempt to resolve disputes with Pharmacies, Medical Clinics and Delivery Drivers directly. In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Notice regarding apple

To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.

Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.

If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

You agree to comply with any applicable third-party terms when using our mobile application, including any Usage Rules set forth in the Apple App Store Agreement of Service.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Severance

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction

Your use of our Platform and these Terms are governed by the laws of Western Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Western Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Platform may be accessed throughout Australia and overseas. We make no representation that our Platform complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Platform from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Platform.

For any questions and notices, please contact us at:

Email: support@hola.health

Last update: 25 May 2020