About Us

TERMS AND CONDITIONS OF USE

1. About the Website

Welcome to AltDr (Website). The Website facilitates telehealth services (Services). The Website is operated by Health Data Research Pty Ltd (ACN 674 905 376). Access to and use of the Website, or any of its associated Products or Services, is provided by Health Data Research Pty Ltd.

Please read these terms and conditions (Terms) carefully. By using, browsing, and/or reading the Website, you signify that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its Services, immediately.

Health Data Research Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When we update the Terms, we will use reasonable endeavors to provide you with notice of updates. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you in the user interface.

3. Registration to use the Services

In order to access the Services, you must first register for an account through the Website (Account). As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself, including:

• Email address
• Telephone number
• Password
• Date of Birth

You warrant that any information you give to Health Data Research Pty Ltd in the course of completing the registration process will always be accurate, correct, and up to date. Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms.

You may not use the Services and may not accept the Terms if:

• You are not of legal age to form a binding contract with Health Data Research Pty Ltd; or
• You are a person barred from receiving the Services under the laws of Australia or other countries, including the country in which you are resident or from which you use the Services.

4. Your Obligations as a Member

As a Member, you agree to comply with the following:

• You will use the Services only for purposes permitted by the Terms and any applicable law, regulation, or generally accepted practices in the relevant jurisdictions.
• You have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services.
• Any use of your registration information by any other person or third party is strictly prohibited. You agree to immediately notify us of any unauthorized use of your password or email address or any breach of security.
• Access and use of the Website is limited, non-transferable, and allows for the sole use of the Website by you for the purposes of Health Data Research Pty Ltd providing the Services.
• You will not use the Services or the Website in connection with any commercial endeavors except those specifically endorsed or approved by management.
• You will not use the Services or Website for any illegal and/or unauthorized use, including collecting email addresses of Members for unsolicited email, or unauthorized framing of or linking to the Website.
• Commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken for any illegal or unauthorized use of the Website.
• You acknowledge and agree that any automated use of the Website or its Services is prohibited.

5. Payment

All payments made in the course of your use of the Services are processed using Stripe Payments Australia Pty Ltd. By using the Website, the Services, or making any payment, you warrant that you have read, understood, and agree to be bound by the Stripe Payments Australia Pty Ltd terms and conditions (available on their website).

You acknowledge and agree that if a request for the payment of the Services Fee is returned, denied by your financial institution, or unpaid by you for any reason, you are liable for any costs, including banking fees and charges, associated with the Services Fee. You agree and acknowledge that Health Data Research Pty Ltd can vary the Services Fee at any time.

6. Refund Policy

Health Data Research Pty Ltd will only provide you with a refund of the Services Fee in the event we are unable to continue to provide the Services, or if management decides, at its absolute discretion, that it is reasonable to do so under the circumstances. Any benefits set out in these Terms and Conditions apply in addition to consumer rights under the Australian Consumer Law.

7. Copyright and Intellectual Property

The Website, the Services, and all related products of Health Data Research Pty Ltd are subject to copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements, and interactive features) are owned or controlled for these purposes, and are reserved by Health Data Research Pty Ltd or its contributors.

All trademarks, service marks, and trade names are owned, registered, and/or licensed by Health Data Research Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

• Use the Website pursuant to the Terms;
• Copy and store the Website and the material contained in the Website in your device's cache memory; and
• Print pages from the Website for your own personal and non-commercial use.

Health Data Research Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved. Nothing you do on or in relation to the Website will transfer any business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright.

You may not, without prior written permission, broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt, or change in any way the Services for any purpose, unless otherwise provided by these Terms.

8. Privacy

Health Data Research Pty Ltd takes your privacy seriously. Any information provided through your use of the Website and/or Services is subject to our Privacy Policy, which is available on the Website.

9. General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

• All terms, guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded; and
• Health Data Research Pty Ltd will not be liable for any special, indirect, or consequential loss or damage (unless reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms.

Use of the Website and the Services is at your own risk. Everything is provided "as is" and "as available" without warranty or condition of any kind. We make no express or implied representation or warranty about the Services, including loss or damage you might suffer as a result of:

• Failure of performance, error, omission, interruption, deletion, defect, computer virus, loss of data, unlawful third-party conduct, or unauthorized access to records;
• The accuracy, suitability, or currency of any information on the Website;
• Costs incurred as a result of you using the Website; and
• The operation in respect to links provided for your convenience.

10. Limitation of Liability

Health Data Research Pty Ltd's total liability arising out of or in connection with the Services or these Terms, however arising, will not exceed the resupply of the Services to you.

You expressly understand and agree that Health Data Research Pty Ltd, its affiliates, employees, agents, contributors, and licensors shall not be liable to you for any direct, indirect, incidental, special consequential, or exemplary damages which may be incurred by you, however caused. This includes any loss of profit, goodwill, business reputation, or other intangible loss.

11. Competitors

If you are in the business of providing similar Services for a commercial gain, you are a competitor of Health Data Research Pty Ltd. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, we will hold you fully responsible for any loss sustained and accountable for all profits you might make from such a breach.

12. Termination of Contract

The Terms will continue to apply until terminated by either you or by Health Data Research Pty Ltd.

If you want to terminate the Terms, you may do so by:

• Providing us with 14 days' notice of your intention to terminate; and
• Closing your accounts for all of the services which you use, where this option has been made available to you.

Your notice should be sent, in writing, via the 'Contact Us' link on our homepage.

Health Data Research Pty Ltd may at any time terminate the Terms with you if:

• You have breached any provision of the Terms or intend to breach any provision;
• We are required to do so by law; or
• The provision of the Services to you is, in our opinion, no longer commercially viable.

We reserve the right to discontinue or cancel your membership at any time and may suspend or deny your access to the Website without notice if you breach any provision of the Terms, applicable law, or if your conduct impacts our reputation or violates the rights of another party.

13. Indemnity

You agree to indemnify Health Data Research Pty Ltd, its affiliates, employees, agents, contributors, third-party content providers, and licensors from and against:

• All actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage (including legal fees on a full indemnity basis) incurred or arising out of your content;
• Any direct or indirect consequences of you accessing, using, or transacting on the Website; and/or
• Any breach of the Terms.

14. Dispute Resolution

• Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings (except for urgent interlocutory relief) unless the following clauses have been complied with.
• Notice: A party claiming a dispute (Dispute) has arisen must give written notice to the other party detailing the nature of the dispute, the desired outcome, and the action required to settle the Dispute.
• Resolution: On receipt of that notice by that other party, the parties must:
• Within 28 days endeavor in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
• If the Dispute has not been resolved after 28 days, the parties must agree upon a mediator or request that an appropriate mediator be appointed by the Australian Mediation Association.
• The parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue. The parties must each pay their own costs associated with the mediation.
• The mediation will be held in Sydney, Australia.
• Confidentiality: All communications concerning negotiations made by the parties are confidential and must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
• Termination of Mediation: If 2 months have elapsed after the start of a mediation and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.

15. Venue and Jurisdiction

The Services offered by Health Data Research Pty Ltd are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

16. Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding, or claim arising out of or relating to the Terms shall be governed and interpreted pursuant to the laws of New South Wales, without reference to conflict of law principles. The validity of this governing law clause is not contested.

17. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

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