This website of myweightlossclinic.com (ABN 733 592 503 59) is owned and controlled by My Weight Loss Clinic ABN 733 592 503 59.
My Weight Loss Clinic provides administrative and management support and services to Practitioners who provide online medical and health care and services to patients.
Whenever you (as a patient of a medical practitioner engaged by My Weight Loss Clinic or a potential patient) access or use this website in consideration for My Weight Loss Clinic allowing you to access or use the website, you agree to this Website Use Terms & Conditions & Privacy Policy (“Website Policies & Terms”). You acknowledge that you have read and accepted these Website Policies & Terms.
1.1 This website myweightlossclinic.com and related mobile applications (“the Website”) have been created and are owned and controlled by My Weight Loss Clinic.
1.2 The terms and conditions, together with My Weight Loss Clinic Privacy Policy, govern your access to and use of the Website.
1.3 Whenever you access or use the Website and in consideration for My Weight Loss Clinic allowing you access to or use of the Website, you agree to these Website Policies & Terms.
1.4 We may change these Website Policies & Terms at our discretion. By continuing to access or use this Website, you accept these Website Policies & Terms as they apply, including as amended, from time to time.
1.5 These Website Policies & Terms or any part of these Website Policies & Terms do not constitute medical advice.
2.1 The Website allows you to access telehealth services (via encrypted chat, audio only and / or video with audio) from registered medical practitioners (Doctors, Nurse Practitioners and other allied health professionals) who engage My Weight Loss Clinic in their independent practices to provide them with administrative and management services (“Clinicians”).
2.2 My Weight Loss Clinic do not offer or provide any medical or health services. The Website facilitates online confidential consultations with Clinicians so that those Clinicians can provide medical and health services to you.
2.3 The Clinician who consults with you has the sole discretion to decide whether a telehealth consultation is appropriate in your circumstances, whether to provide any service (including issuing any prescription or not) and to determine the appropriate course of action (including whether to recommend consultation with you or whether to refer you to an alternative specialist or other medical or health care professional).
2.4 The telehealth services provided via the Website are not a substitute for ongoing medical and health care provided by your local GP or other qualified practitioner. It is recommended that you inform your local GP of all services that you obtain via the Website.
2.5 My Weight Loss Clinic does not:
2.5.1 guarantee that a telehealth consultation is an appropriate method of treatment for your health or medical condition;
2.5.2 take any responsibility in relation to the consultation between you and a Clinician;
2.5.3 provide or prepare any medical or health advice to you at any time;
2.5.4 employ any Clinician or engage any Clinician as an independent contractor – Clinicians engage My Weight Loss Clinic to provide them with administrative and management services to assist Clinicians to operate their own independent practices; and represent or warrant that Medicare benefits will be able to be accessed by you for any telehealth services that you received from Clinicians.
2.5 By using this telehealth platform, you hereby provide consent for clinicians to access and make contributions to your MyHealthRecord, MySL, and to Mobile Intermediaries to ensure the continuity of care in our digital health environment.
2.6 Your personal information will be shown and used through a third party mobile intermediary where such use complies with the Privacy Law and the Australian Privacy Principles in particular, to retrieve electronic prescription information when requested by you.
3.1 To access telehealth services from a Clinician via the Website, you must create an account and become a registered user of the Website.
3.2 To create an account and become a registered user, you must:
3.2.1 be over 18 years of age;
3.2.2 provide all of the required details. My Weight Loss Clinic will deal with this information in accordance with its Privacy Policy;
3.2.3 reside in Australia;
3.2.4 be capable of entering into a binding agreement to pay My Weight Loss Clinic; for any consultation received and
3.2.5 agree to these Website Policies & Terms.
3.3 You must ensure that all of your information supplied to My Weight Loss Clinic remains accurate and up to date.
3.4 You must maintain the confidentiality of your username and password and must not authorise others to use your account. You are responsible for all activities conducted through your account. If you believe someone has gained unauthorised access to your account, you must contact My Weight Loss Clinic immediately via office@myweightlossclinic.com.
3.5 My Weight Loss Clinic may disable your account or use of the Website and in seeking any telehealth services provided by the Clinicians at any time, without notice and for any reason.
4.1 You must only access and use the Website in accordance with
4.1.1 these Website Policies & Terms;
4.1.2 all applicable laws and regulations.
4.2 You agree to not:
4.2.1 use a false identity or provide false details to My Weight Loss Clinic;
4.2.2 use the Website for any other purpose other than for accessing and receiving telehealth services from Clinicians;
4.2.3 send, upload or transmit any illegal information or material, offensive material, viruses, worms, spyware or other similar codes via the Website;
4.2.4 use the Website to cause harm or offence to any other person;
4.2.5 use the Website in any way that will infringe any third party’s rights;
4.2.6 do anything which will or might affect, cause damage to, disrupt or interfere with the operation and system of the Website;
4.2.7 attempt to derive the source code of the Website or any part of it or reverse engineer any of the systems or technologies used to create or operate the Website;
4.2.8 copy, reproduce, publish, exploit or use any part of the Website for the purpose of creating or operating an online platform similar to the Website or for any other purpose other than as expressly permitted under these Website Policies & Terms;
4.2.9 use the Website in a way that might cause damage or loss to My Weight Loss Clinic or affect its brand or reputation;
4.2.10 use the Website for commercial purposes;
4.2.11 allow or assist anyone else to carry out the above mentioned activities;
4.2.12 violate or breach any of these Website Policies & Terms or any laws which relate to them.
4.3 You agree to indemnify My Weight Loss Clinic and each of the officers, employees, agents, contractors, suppliers and licensors of My Weight Loss Clinic in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these Website Policies & Terms, or any other default or wrongful conduct in relation to the subject matter of these Website Policies & Terms, on the part of you or any of your officers, employees, agents, contractors, suppliers and licensors.
5.1 You agree to:
5.1.1 provide to My Weight Loss Clinic and the Clinician, as applicable, all reasonable required information and details requested by My Weight Loss Clinic or a Clinician, as applicable;
5.1.2 contact your regular general practitioner immediately if directed to do so by a Clinician or if your conditions change or worsen.
5.2 You warrant that:
5.2.1 you are not experiencing dangerous, unusual or serious symptoms ;
5.2.2 the need for telehealth services from a Clinician is not related to any accident or injury;
5.2.3 you do not suffer from multiple or serious chronic health or medical conditions and are not taking multiple prescription medications;
5.2.4 all information you have provided to My Weight Loss Clinic and to the Clinicians is true and accurate;
5.2.5 you have not omitted disclosing any information in our patient onboarding questionnaire or otherwise to a Clinician that is or might be relevant to your health or medical condition or the provision of telehealth services to you by a Clinician;
5.2.6 you are capable of participating in a telehealth consultation with a Clinician.
6.1 When you use the Website and the encrypted chat service which forms part of the Website, you grant My Weight Loss Clinic an unlimited royalty-free perpetual licence to use (in any way) any content you transmit via the Website including, without limitation, any text, audio and or video files, images or pictures in accordance with these Website Policies & Terms.
6.2 All information submitted to the Website through the encrypted chat service will be confidential between you and My Weight Loss Clinic and will not be made publicly available.
6.3 You warrant that the content that you upload to the Website and the encrypted chat service:
6.3.1 will comply with these Website Policies & Terms and in particular with Clause 4;
6.3.2 will not be illegal or of an unlawful nature;
6.3.3 will not give rise or be capable or resulting in an infringement of any third party’s rights or a legal proceeding; and
6.3.4 has not been subject to any legal proceeding or dispute.
6.4 You agree to indemnify and keep indemnified My Weight Loss Clinic against any claim, loss, damage, costs and/or expenses that My Weight Loss Clinic may suffer or incur in relation to or arising out of the content you upload to the Website and the encrypted chat service.
6.5 My Weight Loss Clinic reserves the right, and you acknowledge My Weight Loss Clinic right, to remove or alter any content that you submit to the Website and the encrypted chat service.
7.1 After reviewing the information you have provided via the patient onboarding questionnaire via the Website, a Clinician will communicate and consult with you using the Website’s encrypted based text service and/or email, as deemed clinically appropriate and necessary by the Clinician, which may be not at all or via methods such as audio, video and audio.
7.2 A Clinician has full discretion in determining whether a consultation via the Website is suitable for your medical or health condition. If the Clinician determines that a consultation via the Website is not suitable, you will be notified via the Website’s encrypted based text/email service.
8.1 A prescription to you is issued entirely at the direction of a Clinician.
8.2 My Weight Loss Clinic does not guarantee that a Clinician will issue you with a prescription following consultation with you.
8.3 If the Clinician decides to issue you with a prescription, you will be given a choice as to whether you wish for your prescription to be sent electronically to a pharmacy recommended by My Weight Loss Clinic to be dispensed and delivered to you at your home or for you to take your prescription to a pharmacy of your choice for dispensation to you this way.
8.4 My Weight Loss Clinic is not liable in any way for any prescription issued by a Clinician or any medication dispensed by any pharmacy or any party’s failure to deliver medication to you (including, but not limited to, to the correct address or within any specified timeframe).
8.5 In circumstances where any medication is damaged, incorrectly dispensed or delivery is delayed, you agree to contact the pharmacy who is directly responsible for dispensing and delivering the medications to seek to resolve any issues.
8.6 eScript Tokens and other tokens issued by My Weight Loss Clinic brands expire within 12 months of issue unless otherwise specified.
You understand that My Weight Loss Clinic has an agreement only for any pharmacies recommended by My Weight Loss Clinic to you for dispensation of medications prescribed by a Clinician and My Weight Loss Clinic and is not responsible for dispensation of any medications prescribed to you in any way.
9.1 You will be charged a fee for each consultation with a Clinician. Clinicians engage My Weight Loss Clinic to act as the Clinicians’ agent for billing purposes and, accordingly, My Weight Loss Clinic will charge you on behalf of the Clinicians.
9.2 If a Clinician decides to issue you with a prescription following consultation with you, you will be charged a fee by My Weight Loss Clinic for the issuing of the prescription.
9.3 Subject to any change in the Australian Government’s Medicare directions, the telehealth services provided by the Clinicians attracts a Medicare benefits payment.
My Weight Loss Clinic, further referred to as MWLC.
Not Eligible for Refunds:
10.1. Patients are ineligible to request a cancellation or refund on their treatment plan if the order noted as “dispatched” on the portal (automatic billing and manual orders included).
10.2. Patients are ineligible for refunds on Clinician’s consultations
1) Patients must agree to the treatment plan and prescribed medications in order for medications to be dispatched.
2) Patients have the opportunity to request a change in the initial prescription by messaging the Clinician, this could incur a further charge. MWLC Clinicians and contracted Clinicians have autonomy over how they discuss or choose to prescribe treatment plans and do so in accordance with evidence based RACGP guidelines. Similar process to what would take place within a hospital or physical GP healthcare setting.
3) If a patient chooses to not go ahead with the consultation/treatment plan for any reason. Once questionnaires are submitted, these are then available instantly for our Clinicians and contracted Clinicians to review and prescribe accordingly. Refunds are not available once submitted, unless the Clinician determines they are unable to treat.
10.3. Patients are ineligible for a refund if they have decided they no longer want or require their treatment and the order is noted as “dispatched” on the portal.
10.4. Patients are ineligible for refunds if they cancel a booked clinician appointment within 24 hours of the appointment.
10.5. Patients are ineligible for a refund if a treatment plan proves ineffective.
10.6. Patients are ineligible for a refund if an adverse reaction/unwanted side effects/event occurs.
10.7. It is the patient’s responsibility to be aware of when payment is to be deducted.
10.8. Patients are ineligible for refunds on their Clinician’s consultation and/or treatment plan if once payment has been received, and have since visited their personal GP who has advised against the treatment. As long as a prescribing error has not occurred, a refund will not be issued.
10.9. Patients are ineligible for a refund on their treatment plan once payment has been processed and order is noted as “dispatched”, if their health circumstances have changed and subsequently prevents the patient from safely taking the initially prescribed treatment.
Eligible Reasons for Refunds:
10.10. A prescribing error was made by a MWLC Clinician or contracted Clinician
10.11. Pharmacy dispensed the incorrect medication/medication strength/medication form
10.12. A technical issue identified within MWLC caused the consultation to not take place within 3 days
10.13. A MWLC Clinician cancels a consultation without reasonable notice
10.14. An internal error caused the patient to be overcharged or incorrectly charged
10.15. The Clinician considered it inappropriate to conduct a consultation (telehealth included)
11.1 My Weight Loss Clinic owns the Website and all of the contents of the Website which includes all text, information, graphics, logos, business/trading names, design, layout, downloads, pricing, software, products and services is owned or licensed by My Weight Loss Clinic.
11.2 Nothing in these Website Policies & Terms or your use of the Website has the effect of transferring, assigning, licensing or otherwise transmitting any of My Weight Loss Clinic intellectual property to you.
12.1 As part of the normal operation of this Website, your internet browser will be sent a “cookie” (a temporary internet file). This cookie enhances the Website’s functionality with features such as account login and electronic ordering. By itself, this cookie can only identify your computer to My Weight Loss Clinic server and so we can track your use of the Website. It is not used to identify you personally.
12.2 In some instances, cookies may collect and store personal information about you. Such personal information will only be used by My Weight Loss Clinic in accordance with these Website Policies & Terms.
12.3 Your personal username and password to access the Website protect your privacy. We recommend that you do not disclose, share or reveal your account details to any other individual.
13.1 To the maximum extent permitted by law, My Weight Loss Clinic will not be liable to any person or entity for any direct, indirect, consequential or other loss or damage (however caused, including due to negligence) which may arise out of, or in connection with:
13.1.1 your use of the Website;
13.1.2 the use or reliance on information, including any publication, contained on or linked to from this Website;
13.1.3 the contents of any website referred to on, or linked to from this website;
13.1.4 your consultations with and any medical or health services provided by the Clinicians via the Website;
13.1.5 any action or conduct of the Clinicians including, without limitation, advice provided to you or prescriptions issued to you; or
13.1.6 any prescribed medication dispensed to you by any pharmacy as a result of your consultation with a Clinician.
13.2 My Weight Loss Clinic does not provide any warranty in relation to your use of this Website or as to the currency, completeness or accuracy of the information contained on this Website.
13.3 My Weight Loss Clinic does not warrant that the services or any medications provided via your use of the Website are fit for your intended purpose.
13.4 If any law implies a condition or warranty into these Website Policies & Terms which cannot lawfully be excluded then, to the maximum extent permitted by law, our liability for any breach of such implied term will be limited to the supply of the relevant service again or the payment of the cost of having that service re-supplied.
13.5 You agree to indemnify and keep My Weight Loss Clinic indemnified against any claim, loss, damage, costs and/or expenses you may suffer or incur in relation to or arising out of your use of the Website and the telehealth services provided via the Website.
13.6 In accordance with the Drug Misuse Act 1986, it is a criminal offence for any person to knowingly obtain, or attempt to obtain, a prohibited drug from a medical practitioner, nurse practitioner, or pharmacist by giving any false representation, whether verbally, in writing or via a web form. As such, My Weight Loss Clinic reserves the right to reject any application/prescription if we believe this law is being breached.
Should My Weight Loss Clinic believe a user is deliberately or repeatedly attempting to use its services or staff to breach this law, we reserve the right to refer the matter to the appropriate authorities and aid those authorities in their relevant investigations.
My Weight Loss Clinic Privacy Policy forms part of these Website Policies & Terms. By accessing the Website, you agree to My Weight Loss Clinic Privacy Policy. A copy of the Privacy Policy can be found here.
15.1 If you have a complaint in relation to use of the Website, you may contact us via email at office@myweightlossclinic.com
15.2 In relation to complaints against My Weight Loss Clinic:
15.2.1 you must notify us of the details of the complaint as soon as possible;
15.2.2 a representative of My Weight Loss Clinic will contact you to discuss your complaint;
15.2.3 if your complaint is not resolved in your discussion with a My Weight Loss Clinic representative, the matter will be referred to an independent third party as agreed between the parties or, in the absence of agreement, an independent party selected by the Queensland Law Society;
If you have any complaints or concerns that cannot be resolved by My Weight Loss Clinic, you can contact the Office of the Health Ombudsman.
Office of the Health Ombudsman
GPO Box 13281
George Street, Brisbane QLD, 4000
Telephone: 133 646
Email: complaints@oho.qld.gov.au
15.2.4 the parties will be bound by the decision of the selected expert with respect to the complaint; and
15.2.5 the parties will share the costs of engaging the expert equally.
15.3 If your complaint relates your consultation with a Clinician or any other matter for which a Clinician is responsible, we may refer your complaint to the relevant Clinician.
15.1 If your complaint relates any matter for which a pharmacy, including the pharmacy recommended by My Weight Loss Clinic, is responsible, we may refer your complaint to the relevant pharmacy.
15.2 My Weight Loss Clinic is not responsible in any way for resolving your complaints against or in relation to a Clinician or any pharmacy.
16.1 The laws of Queensland in Australia govern these Website Policies & Terms, as applicable, and you agree to submit to those laws and their exclusive jurisdiction, including the courts of Queensland in Australia, in your use of this Website and these Website Policies & Terms.
16.2 If any of these Website Policies & Terms are held to be invalid or unenforceable, then the validity and enforceability of the remaining Website Policies & Terms will not be impacted.
Please contact us at office@myweightlossclinic.com if you have any queries with respect to these Website Policies & Terms.
DELIVERY & RETURNS
Delivery
Following the purchase of your medication, our partner pharmacy (Evermed) https://www.evermed.com.au/ will dispatch your order. Please refer to their website for delivery timelines subject to your location https://www.evermed.com.au/
(a) Please refer to the delivery information on the Evermed Site to ensure you are in a delivery area. If you are not in a delivery area please contact Evermed to discuss delivery options. They do not deliver outside of Australia.
(b) Any delivery periods displayed on the Evermed Site are estimates only, based on the information provided by the delivery company and may be subject to delivery delays outside of our control. Evermed are not liable for any such delays that occur.
(c) If you need to change the delivery date or delivery address, please notify Evermed immediately in writing https://www.evermed.com.au/.
(d) Evermed may deliver the products using a range of delivery methods such as Australia Post and courier services. You may need to sign for some deliveries. If neither you nor your authorised representative are at the delivery address to accept delivery, the delivery company may leave the item unattended, deliver the products to a post office, or will return the delivery to the dispensing pharmacy.
(e) Title to the products will remain with Evermed until you have paid Evermed the Price in full in accordance with the Terms. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.
(f) Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order. If nobody is available at the delivery address and the item may be left unattended.
(g) Temperature sensitive medications may be left unattended if nobody is available to accept the order. It is your responsibility to ensure medications are kept in appropriate conditions once they are delivered to the delivery address you provided in your order.
Patient Terms & Conditions
My Weight Loss Clinic is a health platform intended to assist patients with the self- management of their health. The Platform is comprised of a patient-facing Patient interface and an interconnected clinician-facing Clinical Portal (“Platform”).
(a) “My Weight Loss Clinic”, “we”, “us” “our” or “Health Organisation” means My Weight Loss Clinic (ABN 73 359 250 359) and includes our subsidiaries, and their respective directors, and agents.
(b) “User”, “you” or “your” means a person who uses the Platform (“Patient”);
(c) additional definitions are set out in clause 15.
2.1 To use the Services, a User must register for an account in accordance with
clause 4.
you will have access to the Services and will be able to:
Organisation may choose to share with you through the Platform;
office@mytelehealthclinic.com and
(a) exercise supervision over the Minor’s use of our Services and their personal account with us;
(b) assume all risks associated with the Minor’s use of our Services and their
account, including the transmission of content or information to and from third
parties via the internet;
(c) assumeanyandallliabilitiesresultingfromtheMinor’suseofourServices
and their account;
(d) ensure the accuracy and truthfulness of all information submitted to us and the
Website by the Minor; and
(e) provide the necessary consents contained in these Terms on behalf of the
Minor.
5.1 In addition to our rights under clause 3, we may, at our absolute discretion, terminate these Terms or cease to supply you with access to the Platform and/or the Services, if:
(i) any illness, injury, or death resulting from use of the Platform; or
(ii) the prescription, use, misuse, or lack of use of any medication.
8.1 To the fullest extent permitted by law, you agree that you waive, release, discharge and relinquish any and all claims that you have now or may have against us which are connected with, arise out of, relate to or are incidental to the provision of the Platform and your use of the Services.
10.1 We are committed to protecting your privacy and personal information. Further details about our practices relating to the collection, use, disclosure and storage of your personal information can be found in our Privacy Policy.
We will not be liable to you if we are prevented from, or delayed in, providing the Services due to acts, events, omissions or accidents beyond our reasonable control (“Unavoidable Events”). Where an Unavoidable Event occurs, we will attempt to recommence provision of the Services as soon as reasonably practicable.
15.1 In these Terms, the following expressions have the following meanings, unless otherwise stated:
“Clinician” means your clinician(s) with whom you communicate via the Platform;
“Deactivated” means that we will change the status of your Platformsuch as that it will no longer transmit to us any further information about your health, nor will it receive updated information from us. In effect, you will be able to use the features of the Platform as they existed at the time of your deactivation without any further transmission of data to or from our server.
“Intellectual Property Rights” means all present and future intellectual and industrial property rights throughout the world of whatever nature (whether or not registered or registrable), including, but not limited to, all rights in respect of technical information, know-how, copyright, trade marks, designs, patents, domain names, business names, logos, drawings, trade secrets, the right to have confidential information kept confidential or other proprietary rights, or any rights to registration of such rights;
“Material” means any information, data, source codes, drawings, content, text or images in any form (whether visible or not), audio recordings, video recordings, lists, sound, video, links, layout, look and feel, control features and interfaces contained on the Platform, or otherwise displayed, uploaded or published on, or via, the Platform, except for the health or other sensitive information of any Patient;
“Platform” means the application for Patients to use;
“Payment Processing Services” means any services that we provide pursuant to these Terms which are to be used to process payments in relation to Fees accrued on the Platform;
“Platform” means our web-based platform, including Platform and Clinical Portal, located at www.myweightlossclinic.c[?I or any other website nominated by us from time to time and any associated services, software, networks or processes;
“Privacy Policy” means our privacy policy, available at: https://myweightlossclinic.com.au/privacy-policy/
“Privacy Laws” means the Privacy Act 1988 (Cth), the General Data Protection Regulation (EU 2016/679) and any comparable laws in other jurisdictions (as applicable);
“Registration Data” means information provided by you to us for the purposes of your registration to access certain sections of the Platform including, but not limited to, your personal name, nominated contact details, phone number, and email address;
“Services” refers to the Platform and any associated services we provide pursuant to these Terms; and
“Terms” means these Platform Terms and Conditions which govern your use of the Platform.
Clinical Use of Terms & Conditions
MY Weight Loss Clinic is a health platform intended to assist patients with the self- management of their health. The Platform is comprised of a patient-facing interface and an interconnected clinician-facing Clinical Portal (“Platform”).
(a) “My Weight Loss Clinic”, “we”, “us” or “our” means My Weight Loss Clinic (ABN 73359250359) and includes our subsidiaries, and their respective directors, and agents.
(b) “User”, “you” or “your” means an employee or contractor who uses the Clinical Portal within the Platform to manage patients (“Clinician”).
(c) “Vendor” means Wellifiy Pty Ltd (ACN: 644 326 125) and includes their subsidiaries, and their respective directors, employees, contractors and agents.
(d) additional definitions are set out in clause 15.
2.1 To use the Services, a User must register for an account, or accept an invitation to
access the Services in the case that account registration is established by another User with the organisation. Self-registration or registration by another User must occur in accordance with clause 5.
(c) add Clinicians to (and remove them from) the Platform;
(d) contact support directly by emailing office@mytelehealthclinic.com.
4.1 In providing or receiving the health information of a Patient via the Platform, you warrant that you are appropriately qualified at law to do so, have sought all required consents from the Patient to do so and that you have otherwise fully complied with all Privacy Laws and other relevant legislation and regulations applicable to the collection, storage, use and disclosure of health information in addition to our own Privacy Policy.
4.2 You may never use the Platform to attempt to seek payment, or collect debts for other services, beyond providing patients with a general overview of our organisation’s policies with regards to payments and debt collection procedures.
4.3 You acknowledge that our ability to be able to provide the Platform and the Services to you without delay or interruption is dependent on your full and timely cooperation. You will:
(a) co-operate with and assist us in the supply of the Platform and the Services;
(b) comply with all applicable laws, regulations and industry standards with respect to your activities and obligations under this Agreement;
(c) ensure that your network and systems comply with the relevant specifications and guidelines provided by us from time to time;
(d) notify us immediately if you become aware of or suspect any security breach or unauthorised use of the Platform, including without limitation in respect of your password or account; and
(e)comply with all reasonable directions and guidelines from us as advised from time to time.
4.4 You agree to indemnify us for any liability, costs and expenses (including our reasonable legal costs) which we incur as a result of a breach by you of your privacy obligations. We disclaim any liability whatsoever for information collected or shared outside the Platform.
5.1 To access certain parts of the Platform and Services, you must register with us by providing us with Registration Data as requested. Alternatively, another User may register you with by providing Registration Data on your behalf. If having been registered by another User you choose to log in to the Clinical Portal, you will be deemed to have accepted the terms and conditions as outlined in this agreement.
5.2 You must be over the age of 18 years to register for and access the Platform as a Clinician.
5.3 We reserve the right to decline your registration request if you do not pass our verification process.
5.4 If you provide Registration Data to us, or accept your registration by another User, you represent and warrant to us that the Registration Data provided is true, complete, accurate and up to date, and you undertake to maintain the accuracy and currency of your Registration Data at all times.
5.5 If you provide us with Registration Data, or accept your registration by another User and access the Platform, you consent to the following:
In addition to our rights under clause 3, we may, at our absolute discretion, terminate these Terms or cease to supply you with access to the Platform and/or the Services, if:
7.1 We do not warrant that the use of the Platform will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Platform, including telephone services, computer networks and the internet, can be unpredictable and may from time to time interfere with or prevent access to the Platform. We are not in any way responsible for any such interference or prevention of your access or use of the Platform.
(a) ensure that you are aware of your obligations under all applicable Privacy Laws;
(b) ensure that you are aware of your obligations under our Privacy Policy;
(c) atalltimescomplywithyourobligationsunderapplicablePrivacyLawsand our Privacy Policy; and
(d) take reasonable steps to assist us to comply with our obligations under applicable Privacy Laws and our Privacy Policy as may be notified to you from time to time.
We will not be liable to you if the Services due to acts, events, omissions or accidents beyond our reasonable control (“Unavoidable Events”) become unavailable to you for a period of time.
Dispute resolution
13.1 You may link to the Platform, provided that you do so in a way that is fair and legal and does not damage, or take advantage of, our reputation. You must not establish a link in a way that suggests any form of association, approval or endorsement by us where none exists.
15.1 In these Terms, the following expressions have the following meanings, unless otherwise stated:
“Clinical Portal” means the website located at https://myweightlossclinic.com
“Intellectual Property Rights” means all present and future intellectual and industrial property rights throughout the world of whatever nature (whether or not registered or registrable), including, but not limited to, all rights in respect of technical information, know-how, copyright, trade marks, designs, patents, domain names, business names, logos, drawings, trade secrets, the right to have confidential information kept confidential or other proprietary rights, or any rights to registration of such rights;
“Material” means any information, data, source codes, drawings, content, text or images in any form (whether visible or not), audio recordings, video recordings, lists, sound, video, links, layout, look and feel, control features and interfaces contained on the Platform, or otherwise displayed, uploaded or published on, or via, the Platform, except for the health or other sensitive information of any Patient;
“Patient” means an individual provided with access to the Platform by a Clinician;
“Platform” means the application for Patients who use the Platform;
“Privacy Policy” means our privacy policy, available at: https://myweightlossclinic.com.au/privacy-policy/
“Privacy Laws” means the Privacy Act 1988 (Cth), the General Data Protection Regulation (EU 2016/679) and any comparable laws in other jurisdictions (as applicable);
“Registration Data” means information provided by you to us for the purposes of your registration to access certain sections of the Platform including, but not limited your personal name, nominated contact details, phone number, and email address;
“Services” refers to the Platform and any associated services we provide pursuant to these Terms;
“Terms” means these Terms and Conditions which govern your use of the Platform.
© Copyright 2024 My Weight Loss Clinic – All Rights Reserved. ABN: 73 359 250 359