Apex TRT Services Terms and Conditions

1. Engagement and Term

1. 1.1 In consideration of your payment of the Fees, we will provide the Services in accordance with these Terms, whether ourselves or through our Personnel.
2. 1.2 These Terms apply from the time you sign up to our Services, until the date these Terms are terminated in accordance with their Terms (Term).
3. 1.3You accept these Terms by the earlier of (a) accepting these Terms on the Platform; or (b) filling out the initial consultation form on our Platform and any other required documentation requested of you (Onboarding Form).
4. 1.4 We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Services after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you should cease using the Services.

Exclusion Criteria

5. 1.5 Our Services are not suitable for certain individuals including those who are:
   • Under 18 years of age;
   • Currently diagnosed with cancer; or
   • Any other criteria or conditions listed on our Platform.

   (Exclusion Criteria)

6. 1.6 Our services may also not be suitable for you if you are pregnant or breastfeeding or have specific medical conditions. This will be discussed with you upon onboarding.
7. 1.7 By continuing with our Services, you warrant that you do not meet the Exclusion Criteria.

2. Our Services

1. 2.1Our Services include providing online consultations with a Health Professional that you will connect with via the Platform.
2. 2.2Our Services can only be accessed if you meet the eligibility criteria. You acknowledge and agree that we reserve the right to accept or reject a request for your use of the Platform and Services subject to you meeting the eligibility criteria.
3. 2.3 You understand and agree that the Health Professionals will only offer advice and treatment for the conditions listed on our website (Conditions). They do not act and do not replace the role of your general practitioner.
4. 2.4The decision to prescribe any Medications, testing or issue further referrals rests entirely with the Health Professional, based on their professional judgment and in consideration of your health conditions and medical history. This is to ensure prescriptions are appropriate and safe for you to use. If the Health Professional determines that a Medication is not suitable or necessary for your treatment, they have the right to not prescribe it.
5. 2.5 You understand that:
   • the Health Professional may request that you make follow up appointments before you can obtain a new prescription so that they can monitor how your treatment is working;
   • some Medications may be prescribed for off label use; or
   • some Medications may be in short supply or not available in Australia and may need to be compounded.
6. 2.6 To the maximum extent allowed under Law, we make no guarantee that you will be able to access any Medications of treatments or that any medications or treatments will be effective or achieve a certain result.
7. 2.7 Compounded Medications: You understand that where a medication is prescribed for an off label use, or is compounded by a pharmacist, that the medication has not been evaluated for safety and efficacy by the Therapeutics Goods Administration (TGA) and is not included in the Australian Register of Therapeutic Goods (ARTG).
8. 2.8 Additional Services: If you require additional services, we may, in our sole discretion, provide such additional services (to be scoped and priced in a separate contract provided by us).

Medications under the Special Access Scheme

9. 2.9Some Medications may only be available through the Therapeutic Goods Administration's (TGA) Special Access Scheme (SAS).
10. 2.10Some Medications may only be available through the Therapeutic Goods Administration's (TGA) Special Access Scheme (SAS).
    • the medication has not been approved for general use in Australia by the TGA;
    • the Health Professional must apply to the TGA for approval to prescribe the medication to you under the SAS and will disclose your personal information to the TGA to obtain approval;
    • there is no guarantee that the TGA will approve the application, and if approval is not granted, the medication cannot be prescribed to you;
    • SAS approval is specific to you and cannot be transferred to another person;
    • the Medication may only be supplied by pharmacies authorised to dispense SAS Medications;
    • the Medication has not undergone the same level of evaluation for safety, quality and efficacy as TGA-registered medications;
    • there may be limited information available about the Medication's side effects, interactions and long-term effects;
    • you must report any adverse effects or side effects to us immediately, and we are required to report serious adverse events to the TGA;
    • the Health Professional will need to provide the TGA with clinical justification for prescribing the medication to you, which may require you to provide detailed medical history and try other treatments first;
    • SAS Medications are not eligible for Pharmaceutical Benefits Scheme (PBS) subsidies;
    • you must use the medication only as directed by the Health Professional and must not share it with others; and
    • the Health Professional may be required to monitor your response to the medication and report outcomes to the TGA.

3. Initial Consultation, Onboarding and Consultations

1. 3.1 You can book a free initial consult with one of our non-medical staff to determine whether you meet the eligibility criteria for the Services and learn about the Services we provide (Initial Consultation).
2. 3.2Following your Initial Consultation, you may book a consultation with one of our Health Professionals (Consultation). Before you can book a Consultation, you must pay the Consultation Fees using the payment link emailed to you.
3. 3.3Once you have made payment of the Consultation Fees, you may book a Consultation with a Health Professional via the Platform.
4. 3.4You may be requested to complete any additional questionnaires if required ((Responses)( prior to a Consultation.
5. 3.5 Your Onboarding Form, Responses (if any) and any other documentation will then be reviewed by us (Review). We will compile a Report in accordance with clause 6 as part of our Review and will provide this to the relevant Health Professional for the purpose of your Consultation.
6. 3.6 You are able to book follow up Consultations with our Health Professionals at any time via our Platform (Booking Request). You must provide us all information required, including your name and contact number. We may at our discretion, accept or reject a Booking Request. Where we reject a Booking Request, we will propose alternative timeslots for you to submit a new Booking Request.
7. 3.7 Once we receive your Booking Request, we will send you a confirmation by email with the Consultation details (Booking). It is your responsibility to check the details in the email or text message.
8. 3.8 You may cancel or reschedule a Consultation by providing us with 4 hours’ notice in writing via email, identifying your Consultation and requesting cancellation or rescheduling of your Consultation. Your Consultation will not be cancelled until we provide confirmation of the cancellation of your Consultation in writing.
9. 3.9 You acknowledge and agree that if you cancel or reschedule your Consultation with less than 4 hours’ notice, you will pay us the Consultation Cancellation Fee. You acknowledge and agree that the Consultation Cancellation Fee is a genuine pre-estimate of the loss we may suffer by reason of your late cancellation or rescheduling.
10. 3.10 Due to unforeseen circumstances, you acknowledge and agree that we or the Health Professional may need to reschedule the date of your Booking. Where we need to reschedule a Booking, we will notify you at our earliest convenience and we will reschedule at a time to be agreed between the Parties.

4. Peptide Therapy

1. 4.1 Where medically appropriate, a Health Professional may prescribe certain peptide therapy for your use. You understand and acknowledge that:
   • peptides prescribed through our Services are compounded Medications that have not been evaluated or approved by the TGA;
   • peptides are not included in the ARTG;
   • the long-term safety and effectiveness of peptide therapy has not been fully established;
   • peptides must be stored correctly (usually refrigerated) and any failure to store peptides correctly may affect their safety and effectiveness;
   • you are responsible for the proper storage, handling and administration of any peptides prescribed to you; and
   • results from peptide therapy vary significantly between individuals and we make no guarantee about the results you may achieve.

Monitoring Requirements

2. 4.2 You understand that the Health Professionals have an obligation to ensure your wellbeing by monitoring your health when prescribed a new medication.
3. 4.3Where you are prescribed peptides:
   • you must attend follow-up Consultations as requested by the Health Professional (usually every 3 months);
   • you may be required to undergo blood tests or other monitoring before receiving repeat prescriptions;
   • the Health Professional may cease prescribing peptides if you do not attend required follow-up Consultations or monitoring appointments; and
   • you must immediately report any side effects or adverse reactions to us.

5. Blood Testing

1. 5.1 Where blood testing is required or recommended as part of your Consultation process, you may either:
   • provide existing blood test results that you have already obtained; or
   • access blood testing services through a Third Party Medical Provider.
2. 5.2 You acknowledge and agree that:
   • you are responsible for booking an appointment with the relevant Third Party Medical Providers;
   • you will comply with the terms and conditions applicable to the relevant Third Party Medical Providers and any reasonable instructions provided by the Third Party Medical Providers
   • we are not responsible for, and have no control over any consultation, health services or the accuracy of information provided by Third Party Medical Providers.
3. 5.3 To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with any Third Party Medical Provider that does not perform its services professionally or accurately.
4. 5.4 Where you provide blood test results as part of our Services, our Health Professionals have an obligation to review these results. If any concerning markers are identified, we will contact you (where there is no nominated general practitioner) or your nominated general practitioner to recommend further investigation, regardless of whether you have booked a follow-up Consultation.
5. 5.5 By accepting these Terms, you consent to us contacting your nominated general practitioner if concerning markers are identified in your blood test results, and you agree to provide your nominated general practitioner’s contact details in your Onboarding Form.
6. 5.6 This clause 5 will survive the termination or expiry of these Terms.

6. Reports and Records

1. 6.1 We will use information that you have provided in your Onboarding Form, Responses (if any) and any relevant documentation to conduct a Review and compile a Report. The Report will be provided to the Health Professional for the purpose of the Consultation.
2. 6.2 You acknowledge and agree that if you do not:
   • provide information that is true, correct and complete to us; or
   • do not complete steps in the Onboarding Process as recommended;
   • that this may affect the accuracy of the Report or our ability to provide the Report to you.
3. 6.3 We agree to retain your Reports, Your Data and any relevant medical records (Records) in accordance with all applicable Laws (including adhering to any mandated data retention periods). The Records will be held in electronic storage by us during and after the Term, having regard to our statutory obligations under the applicable Laws.
4. 6.4 You agree that the Records are and will remain our property.
5. 6.5 In the event of termination or expiry of these Terms, you may request a transfer of the Records to your current health practitioner.

7. Script Forwarding Services

1. 7.1 Where deemed appropriate, the Health Professional may prescribe Medications for your use and issue you with a Script.
2. 7.2 You have the option of:
   • having the Script sent to your phone as an e-token; or
   • asking us to send the Script to a Partner Pharmacy in order for the Partner Pharmacy to dispense your Script.
3. 7.3 You understand that we are not a pharmacy and we do not sell or supply any Medications to patients including you. Where we collect payment for Medications on your behalf, you understand that we act as your agent to do so. The sale, supply and delivery of the Medication is subject to a separate agreement between you and the Partner Pharmacy. Any concerns about the Medication must be raised directly with the Partner Pharmacy.
4. 7.4 Where we are providing you with the Script Forwarding Services, the Platform has the feature and technology to onforward your Script to a Partner Pharmacy.
5. 7.5 Where you request us to provide the Script Forwarding Services to you, you consent to us disclosing your Personal Information to the Partner Pharmacy in order to provide you with the Script Forwarding Services and you consent to the Partner Pharmacy contacting us (including the Health Professional) for any information relating to your Script or your treatment.
6. 7.6 To the maximum extent allowed under law, we are not responsible and accept no Liability for any interactions you have with a Partner Pharmacy including the dispensing or compounding of Medications by a Partner Pharmacy on your behalf.
7. 7.7 Once the Medication has been dispensed by the Partner Pharmacy, the Partner Pharmacy will arrange for collection of the Medication by you or delivery to your nominated address by a courier or by post (Delivery Partner).
8. 7.8 To the maximum extent allowed under Law, we are not responsible and accept no Liability for the acts or omissions of the Delivery Partner.
9. 7.9 It is your responsibility to ensure that there is someone at your nominated address who is able to take delivery of the Medication.
10. 7.10 We work with Partner Pharmacies we believe provide appropriate compounding services and comply with all regulatory requirements. Should you choose to take your Script to an external pharmacy that is not a Partner Pharmacy, you understand that:
    • we have no agreements with the external pharmacy regarding the services, quality standards or compounding practices. We cannot guarantee the quality or safety of Medications dispensed by an external pharmacy; and
    • if you wish to obtain a repeat Script after using an external pharmacy, you will need to undergo an Initial Consultation first to ensure that any external Medication is working as intended. For clarity, you will not be able to book in for a follow up Consultation unless you have booked in for an Initial Consultation.
11. 7.11 Medication Shortages: Some Medications may become unavailable due to supply shortages, regulatory changes, or other reasons beyond our control. Where a Medication becomes unavailable, the Health Professional will discuss alternative options with you.

8. Your Obligations

1. 8.1You agree to:
   • comply with these Terms, all applicable Laws, and our reasonable requests;
   • provide us with all documentation, information, instructions, cooperation and access reasonably necessary to enable us to provide the Services;
   • disclose all medications, supplements, vitamins and other substances you are taking;
   • immediately inform us of any changes to your health status, medications or circumstance;
   • ensure that all information and documentation that you provide to us in connection with the Terms is true, correct and complete; and
   • not (or not attempt to) disclose, or provide access to, the Services to third parties without our prior written consent.
2. 8.2 You agree to pay our additional costs reasonably incurred as a result of you failing to comply with this clause 8.

9. Fees and Payments

1. 9.1 Consultation Fees: Where you have decided to proceed further after the Initial Consultation, we will issue you an invoice setting out the fees that are applicable to you (Consultation Fees) which include the Consultation with a Health Professional.
2. 9.2 Medicare Rebates: All Consultations with a Health Professional are privately billed and not eligible for a Medicare rebate. You might be able to claim for allied health practitioners under your medical plan and this will be discussed with you at time of a Booking.
3. 9.3 Our payments methods we offer for the Fees are set out on the Platform. If you choose to pay your fees using one of our third-party payment processors, you may need to accept their terms and conditions (if this is the case, these will be set out at the time you make payment).
4. 9.4 You must not pay, or attempt to pay, any Fees due under these Terms or as a result of your use of the Services by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third-party payment processor to debit your bank account, and you confirm that you are either the holder or an authorised signatory of that bank account.
5. 9.5 If any Fees due under these Terms or as a result of your use of the Services are not paid on time, we may:
   • Suspend your access to the Services; and
   • charge interest on any overdue payments at a rate equal to the Reserve Bank of Australia’s cash rate, from time-to-time, plus 2% per annum, calculated daily and compounding monthly.
6. 9.6 You are responsible for paying any levies or taxes associated with your use of the Services, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).

10. Third Party Providers and Licence

1. 10.1 You acknowledge and agree that access to the Platform may be reliant on certain Third Party Providers, including IT providers or CRM providers. You agree to comply with the terms and conditions applicable to the relevant Third Party Providers (Third Party Terms) at all times.
2. 10.2 You acknowledge and agree that if you do not agree to any Third Party Terms, this may affect our ability to provide the Services.
3. 10.3 To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with any Third Party Terms.
4. 10.4 During the Term, we grant you a right to use the Platform in accordance with these Terms. This right cannot be passed on or transferred to any other person.
5. 10.5 You must not:
   • access or use the Services in any way that is improper or breaches any laws, infringes any person's rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability;
   • interfere with or interrupt the supply of the Services, or any other person’s access to or use of the Services;
   • introduce any viruses or other malicious software code into the Services;
   • use any unauthorised or modified version of the Services, including but not limited to for the purpose of building similar or competitive software or for the purpose of obtaining unauthorised access to the Services;
   • attempt to access any data or log into any server or account that you are not expressly authorised to access;
   • use the Services in any way that involves service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single user login, or time-sharing;
   • circumvent user authentication or security of any of our networks, accounts or hosts or those of any third party; or
   • access or use the Services to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.
6. 10.6 This clause 10 will survive the termination or expiry of these Terms.

11. Availability, Disruption and Downtime

1. 11.1 While we strive to always make the Services available to you, we do not make any promises that these will be available 100% of the time. The Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.
2. 11.2 The Services may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.
3. 11.3 We will try to provide you with reasonable notice, where possible, of any disruptions to your access to the Services.

12. Intellectual Property and Data

1. 12.1 We own all intellectual property rights in the Services. This includes how the Services look and function, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on the Services.
2. 12.2 We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.

Your Data

1. 12.3 We do not own any of Your Data, but when you enter or upload any of Your Data into the Services, you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data for the duration of your use of the Services (and for a reasonable period of time afterwards). We may use Your Data (or disclose it to third party service providers) to:
   • supply the Services to you (for example, to enable you to access and use the Services), and otherwise perform our obligations under these Terms;
   • diagnose problems with the Services;
   • improve, develop and protect the Services;
   • send you information we think may be of interest to you based on your marketing preferences;
   • perform analytics for the purpose of remedying bugs or issues with the Services; or
   • perform our obligations under these Terms (as reasonably required).
2. 12.4 You acknowledge and agree that because of the nature of the internet, the processing and transmission of Your Data by us may occur over various networks.
3. 12.5 You are responsible for (meaning we are not liable for):
   • the integrity of Your Data on your systems, networks or any device controlled by you; and
   • backing up Your Data.
4. 12.6 When you use the Services, we may create anonymised statistical data from Your Data and usage of the Services (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve the Services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make underlying portions of Your Data identifiable.
5. 12.7 If you do not provide Your Data to us, it may impact your ability to receive the Services.
6. 12.8 This clause 12 will survive the termination or expiry of these Terms.

13. Confidential Information and Personal Information

1. 13.1While using the Services, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means making sure that any employees, contractors, professional advisors or agents of ours or yours only have access to confidential information on a ‘need-to-know basis’ (in other words, the disclosure is absolutely necessary), and that they also agree to not misuse or disclose such confidential information.
2. 13.2 However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so.
3. 13.3 We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on the Site, applicable privacy laws and health records legislation.
4. 13.4 You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent).
5. 13.5 We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors).
6. 13.6 Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.
7. 13.7 This clause 13 will survive the termination or expiry of these Terms.

14. Consumer Law Rights

1. 14.1 In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms.
2. 14.2 Subject to your Consumer Law Rights, we do not provide a refund for a change of mind or change in circumstance.
3. 14.3 If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
4. 14.4 This clause 14 will survive the termination or expiry of these Terms.

15. Liability

1. 15.1 To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with: :
   • you not providing us with correct and complete current health and medical information;
   • your failure to follow any reasonable instructions provided to you by us; and
   • any event outside our reasonable control.
2. 15.2 Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:
   • neither we or you are liable for any Consequential Loss;
   • a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate its loss;
   • (where the Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and
   • our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to the amount of any Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates, and where no Services have been purchased, AU$1000.
3. 15.3 This clause 15 will survive the termination or expiry of these Terms.

16. Suspension and Termination

Suspension

1. 16.1 We may suspend your access to the Services where we reasonably believe there has been any unauthorised access to or use of the Services (such as the unauthorised sharing of login details for the Services). If we suspend your access to the Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate these Terms and your access to the Services will end.

Termination

1. 16.2 We may terminate these Terms (meaning you will lose access to the Services) if:
   • you fail to pay your Fees when they are due;
   • you breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;
   • you breach these Terms and that breach cannot be remedied;
   • we decide to discontinue the Services, in which case we will provide you with at least 90 days’ written notice; or
   • you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement).

1. 16.3 You may terminate these Terms if:
   • we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or
   • we breach these Terms and that breach cannot be remedied.
2. 16.4 You may also terminate these Terms at any time by notifying us to our email for notices (as set out in clause 17.8), and termination will take effect immediately.
3. 16.5 Upon termination of these Terms, we will retain Your Data (including copies) as required by law or regulatory requirements.
4. 16.6 Termination of these Terms will not affect any other rights or liabilities that we or you may have.
5. 16.7 This clause 16 will survive the termination or expiry of these Terms.

17. General

1. 17.1 Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.
2. 17.2 Disputes: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
3. If the Dispute is not resolved at that initial meeting:
   • where you are resident or incorporated in Australia, refer the matter to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation; or
   • where you are not resident or incorporated in Australia, refer the matter to arbitration administered by the Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in Melbourne, Victoria, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules.
4. 17.3 Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including the Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.
5. 17.4 Governing law: These Terms are governed by the laws of Victoria, and any matter relating to these Terms is to be determined exclusively by the courts in Victoria and any courts entitled to hear appeals from those courts.
6. 17.5 Illegal Requests: We reserve the right to refuse any request for or in relation to the Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.
7. 17.6 Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.
8. 17.7 Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.
9. 17.8 Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address you provide to us.
10. 17.9 Professional Services Disclaimer: The Services do not constitute, and are not a substitute for, financial, legal or risk management advice.

18. Definitions

1. 18.1 In these Terms:

AHPRA means the Australian Health Practitioner Regulation Agency, an agency appointed with the regulation of health practitioners.

Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of 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. However, your obligation to pay us any amounts for access to or use of the Services (including the Services) will not constitute “Consequential Loss”.

Consultation means a telehealth appointment conducted via the Platform between you and one of our Health Professionals.

Consultation Cancellation Fee means our administrative fee chargeable where you cancel or reschedule your Consultation under clause 3.9, as set out on our Platform.

Fees means the Consultation Fees and any other amounts due under these Terms.

Health Professional means a doctor, nurse or allied health practitioner who is registered with AHPRA and Health Professionals has the corresponding meaning.

Law means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any government or similar authority with the power to bind or impose obligations on the relevant Party in connection with these Terms or the supply of the Services.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.

Medication means the medication specified on a Script.

Onboarding Form means the medical profiling questionnaire and consent form that we provide to you, and which you must complete, in order to book a Consultation with us.

Partner Pharmacy means a registered pharmacy who is listed on our Platform as accepting online Scripts.

Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.

Services means the services we provide to you, as detailed at the beginning of these Terms.

Script means a medical prescription that includes an electronic medication prescription that is uploaded on the Platform either by you or the Health Professional.

Script Forwarding Services means the process and technology by which the Platform forwards Scripts to Partner Pharmacy on behalf of you for fulfilling of a Script.

Third Party Provider or Third Party Providers means third parties or services provided by third parties, including IT providers, CRM providers or hosting providers.

Third Party Medical Provider or Third Party Medical Providers means third parties or medical services provided by third parties that we refer you to, including blood testing providers or specialists.

Your Data means the information, materials, logos, documents, qualifications and other intellectual property or data supplied by you when receiving the Services or stored by or generated by your use of the Services, including any Personal Information collected, used, disclosed, stored or otherwise handled in connection with the Services. Your Data does not include any data or information that is generated as a result of your usage of the Services that is a back-end or internal output or an output otherwise generally not available to users of the Services.