Vantage Health Terms and Conditions

WELCOME TO VANTAGE HEALTH!

In these terms and conditions (Terms), we distinguish between two types of users:

• Patients: Users who access our Platform to receive the Health Services from Health Professionals; and
• Health Professionals: Users who access the Platform to provide Health Services to Patients.

The obligations in these Terms apply equally to Health Professionals and Patients, unless we state otherwise.

In these Terms, we distinguish between two types of services:

• Services: services provided by us (a cloud-based and browser-based website called the Platform) to users being facilitation of consultations between Health Professionals and Patients, Script Forwarding Services, Report creation, Record keeping and other related as set out in more detail on our Platform; and
• Health Services: specific services provided by independent Health Professionals to Patients as set out on our Platform. The Health Professionals do not offer general practice services and only provide Health Services in relation to the conditions listed on the Platform.

In these Terms, when we say you or your, we mean you a user of our Services being either a Patient or Health Professional. When we say we, us, or our, we mean Vantage Health Australia Pty Ltd (ACN 694 627 748).

Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.

These Terms form our contract with you, and set out our obligations as a service provider and your obligations as a user. You cannot use our Services unless you agree to these Terms.

For questions about these Terms, or to get in touch with us, please email: [email protected]

These Terms were last updated on 01/05/2026

OUR DISCLAIMER AND DISCLOSURES

Please read these Terms carefully before you accept. We draw your attention to:

• our privacy policy (on the Platform) which sets out how we will handle your personal information and how we use artificial intelligence technologies on the Platform;
• clause 1 (Regulatory Status and Limitations) which sets out that Platform operates solely as a facilitator connecting Patients with independent Health Professionals. We (the Platform) do not provide medical advice, diagnoses, or treatment recommendations. Health Professionals exercise complete clinical independence. Their prescribing decisions are based solely on their professional judgement and Patient clinical needs, not financial incentives or commercial arrangements. The Platform does not supply, sell, or dispense any Medications. Any supply of Medications is subject to a separate agreement between you and a pharmacy. We receive no financial benefit from medicine sales, pharmacy referrals, or prescriptions issued by Health Professionals;
• clause 2.2 (Variations) which sets out how we may amend these Terms;
• clause 22 (Liability) which sets out exclusions and limitations to our liability under these Terms;
• clause 10) which sets out any requirements relating to Medications noting that any references to specific medications, treatments, or therapeutic outcomes in Platform communications are for informational purposes only and do not constitute advertising of therapeutic goods;

We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link on our Platform, or for featuring certain goods or services on our Platform.

DO NOT USE OUR PLATFORM if you have an emergency or critical medical condition including chest pain, respiratory distress, stroke, or any other illness requiring medical attention. If you require immediate medical attention, contact your treating general practitioner or call 000. If you are in doubt about the seriousness of your condition, the appropriateness or effectiveness of using our Services or believe that you, or another person is in an urgent, dangerous or emergency situation, you should not use our Services and instead contact 000 immediately or seek alternative and appropriate medical services.

These Terms do not intend to limit your rights and remedies at Law, including any of your Consumer Law Rights.

1. Services

1.1 Our Platform is a place where Health Professionals and Patients can find each other, for the purpose of Patients acquiring Health Services from Health Professionals.

1.2 Subject to your compliance with these Terms, we will provide you with access to the Services and a right to use our Platform (which may be suspended or revoked in accordance with these Terms). Unless set out on the Platform, this right cannot be passed on or transferred to any other person. We will not be responsible for any other services unless expressly set out in these Terms or on our Platform.

1.3 If permitted on the Platform, where you (a Health Professional) grant any access or use of our Services to your employees, contractors or any other person, you are responsible for ensuring they comply with these Terms and you are liable for all of their acts and omissions in connection with these Terms.

1.4 We only provide our Services and are not a party to any transaction between Health Professionals and Patients. We (the Platform) do not provide Health Services. The Platform does not provide automated diagnoses, recommend treatments, or use algorithms to guide prescribing decisions.

1.5 Health Professionals exercise full clinical independence. Their prescribing decisions are based solely on their professional judgement and your clinical need, not any financial incentives.

1.6 If you are accessing our Platform as a Health Professional, you agree to comply with these Terms and the separate services agreement entered into between you and us. You must have signed the practitioner services agreement before accessing our Platform or providing Health Services to Patients, and we may suspend or terminate your access under clause 23 if you have not done so or if you breach its terms.

2. Term

2.1 These Terms apply from the time you use our Platform, until the date these Terms are terminated in accordance with these Terms (Term).

2.2 We may amend these Terms at any time, by providing written notice to you including via the Platform. 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.

The following clauses 3-7 (inclusive) apply to Patients only in respect of Services provided by us

3. Services to Patients provided by the Platform

3.1 Our Services include facilitating online consultations with a Health Professional that you will connect with via the Platform.

3.2 Our 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 as set out in this clause 3 and on the Platform.

3.3 You understand and agree that the Health Professionals will only offer advice and treatment for the conditions listed on our website or the Platform (Conditions). Health Professionals will only provide consultations and prescribe Medications for these approved Conditions. The Health Professionals do not act and do not replace the role of a Patient's general practitioner.

3.4 Our Services are not suitable for certain individuals including those who are:

• under 18 years of age;
• currently diagnosed with cancer; or
• of any other criteria or conditions that are not listed on our Platform.

3.5 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.

3.6 Additional Services: If you require additional services from us, we may, in our sole discretion, provide such additional services (to be scoped and priced in a separate contract provided by us).

3.7 This clause 3 will survive the termination or expiry of these Terms.

4. Onboarding and Consultations

4.1 You may book a consultation with one of the Health Professionals (Consultation) at any time via our Platform (Booking Request).

4.2 In making a Booking Request, you must provide us all information required, including your name and contact number. You may also be requested to complete additional questionnaires if required by the Health Professional (Responses) prior to a Consultation. You must do this before the Consultation.

4.3 You may be required to attend an in-person Consultation at the discretion of the Health Professional.

4.4 We may at our discretion or at the request of the Health Professional, 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.

4.5 Once we receive your Booking Request, we will send you a confirmation by email with the Consultation details (Booking). You agree to us contacting you in this manner. It is your responsibility to check the details in the email or text message.

4.6 You may cancel or reschedule a Consultation by providing us with 12 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.

4.7 You acknowledge and agree that if you cancel or reschedule your Consultation with less than 12 hours' notice, you will pay a Consultation Cancellation Fee. You acknowledge and agree that the Consultation Cancellation Fee is a genuine pre-estimate of the loss the Health Professional (or as applicable we) may suffer by reason of your late cancellation or rescheduling.

4.8 Due to unforeseen circumstances or failure by you to complete any required Responses, you acknowledge and agree that we may (at our discretion or at the request of the Health Professional) reschedule or cancel 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. If rescheduling is not possible, we will refund any Consultation Fees paid in advance (if any).

4.9 This clause 4 will survive the termination or expiry of these Terms.

5. Reports and Records

5.1 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.

5.2 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 the Health Professional and this may affect the Health Services you receive and the standard of care provided by the Health Professional to you.

5.3 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 and in compliance with our Privacy Policy.

5.4 You agree that the Records are and will remain our or the Health Professional's property.

5.5 In the event of termination or expiry of these Terms, you may request a transfer of the Records to your current health practitioner.

5.6 This clause 5 will survive the termination or expiry of these Terms.

6. Script Forwarding Services

6.1 Where deemed appropriate, the Health Professional may prescribe Medications for your use and issue you with a Script.

6.2 You have the option of:

• having the Script sent to your phone as an e-token; or
• asking the Health Professional to send the Script to a pharmacy in order for that pharmacy to dispense your Script.

6.3 You understand that we are not a pharmacy and we do not sell or supply any Medications to patients including you. The sale, supply and delivery of the Medication is subject to a separate agreement between you and the pharmacy. Any concerns about the Medication must be raised directly with the pharmacy or as appropriate the applicable Health Professional.

6.4 Where we are providing you with the Script Forwarding Services, the Platform has the feature and technology to onforward your Script to a pharmacy. You are free to visit any pharmacy of your choice, but we cannot guarantee that the pharmacy will have the relevant Medication in stock.

6.5 Where you request us to provide the Script Forwarding Services to you, you consent to us disclosing your Personal Information to the pharmacy in order to provide you with the Script Forwarding Services and you consent to the pharmacy contacting us (including the Health Professional) for any information relating to your Script or your treatment.

6.6 To the maximum extent allowed under Law, we are not responsible and accept no Liability for any interactions you have with a pharmacy including the dispensing or compounding of Medications by a pharmacy on your behalf.

6.7 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.

6.8 This clause 6 will survive the termination or expiry of these Terms.

7. Your Obligations

7.1 You 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 and to enable the Health Professionals to perform the Health Services;
• disclose all medications, supplements, vitamins and other substances you are taking to the Health Professionals and as required to enable us to prepare the Reports;
• immediately inform the Health Professionals of any changes to your health status, medications or circumstance and as required update your Responses;
• ensure that all information and documentation that you provide to us in connection with the Terms is true, correct and complete;
• not (or not attempt to) disclose, or provide access to, the Services to third parties without our prior written consent;
• not use the Health Services or any prescribed Medications for any purpose prohibited by Law or professional guidelines, or anti-doping rules;
• immediately inform the Health Professional if you are an athlete or involved in competitive sports subject to anti-doping rules before any Medication is prescribed;
• not share, transfer, or provide any prescribed Medications to any other person under any circumstances;
• comply with all storage, handling, and administration instructions for prescribed Medications, particularly refrigeration requirements;
• immediately cease using any prescribed Medications and contact the Health Professional if you experience any adverse reactions or side effects or your health circumstances change.

7.2 You agree to pay our additional costs reasonably incurred as a result of you failing to comply with this clause 7.

7.3 This clause 7 will survive the termination or expiry of these Terms.

The following clauses 8-13 (inclusive) apply to Patients in respect of Health Services provided by the Health Professionals

8. Fees

8.1 Before you can book a Consultation, you must provide your credit card details to secure the payment of the Consultation Fees (and if applicable the Consultation Cancellation Fee) as set out on the Platform. We (or our third party payment provider) may preauthorise your credit card to secure these amounts.

8.2 Fees: On behalf of the Health Professionals who use our Platform, we will issue you an invoice setting out the fees that are applicable to you (Fees) which include the Consultation with a Health Professional. Each Health Professional has separately appointed us to act as their payment agent in this respect as per clause 15.

8.3 Rebates: If Consultations with a Health Professional are eligible for a Medicare Rebate or private health insurance claims, this will be identified in the invoice and you may be able to separately make a claim.

8.4 Our payments methods will be set out at the time you make a Booking. 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).

8.5 You must not pay, or attempt to pay, any fees due under these Terms or as a result of your use of the Health 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.

8.6 If any fees due under these Terms or as a result of your use of the Services or Health 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.

8.7 You are responsible for paying any levies or taxes associated with your use of the Services and Health Services, for example sales taxes, value-added taxes or withholding taxes (unless we are required by Law to collect these on your behalf).

9. Health Services

9.1 The decision to prescribe any Medications, perform testing or issue further referrals rests entirely with the Health Professional, based on their independent professional judgment and in consideration of your health conditions and medical history. This is to ensure Health Services 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.

9.2 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.

9.3 To the maximum extent allowed under Law, neither we (nor the Health Professionals) make any 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.

10. Medications

10.1 Health Professionals cannot and will not prescribe Medications for any purpose prohibited by Law or professional guidelines including:

• purely cosmetic purposes without clinical justification;
• bodybuilding or athletic performance enhancement;
• sports performance or recovery (where prohibited by anti-doping rules); or
• non-therapeutic purposes.

10.2 If you are an athlete or involved in competitive sports subject to anti-doping rules, you:

• must inform the Health Professional before any Medication is prescribed;
• must check whether any prescribed Medication is prohibited under applicable anti-doping rules;
• agree that neither we nor the Health Professional are responsible for any anti-doping violations that may result from your use of prescribed Medications; and
• agree that certain substances (including BPC-157 and other peptides) are strictly prohibited at all times (in and out of competition) and actively enforced by Sport Integrity Australia.

10.3 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 TGA and is not included in the ARTG.

10.4 Health Professionals will prioritise TGA-approved commercial Medications over compounded versions. Compounded Medications will only be prescribed as allowed by Law and professional guidelines where:

• there is genuine therapeutic need;
• no suitable commercial product exists; OR
• you have a specific clinical requirement (such as documented allergy to all commercial formulations).

10.5 Compounding is NOT permitted for:

• convenience;
• cost savings; or
• Patient preference alone (even during supply shortages).

10.6 Where a compounded Medication is prescribed, you acknowledge that:

• there may be greater risks associated with compounded Medications compared to TGA-approved products;
• the pharmacy is responsible for the quality, safety, and sterility of compounded Medications;
• you must follow all storage, handling, and administration instructions provided by the pharmacy and Health Professional.

10.7 Some Medications may only be available through the TGA Special Access Scheme (SAS). Where a Health Professional prescribes a medication under the SAS, you acknowledge and agree that:

• 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. 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;
• 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. SAS Medications are not eligible for Pharmaceutical Benefits Scheme (PBS) subsidies;
• 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 the Health Professional immediately, and the Health Professional must report serious adverse events to the TGA (and you consent to this); and
• you must use the medication only as directed by the Health Professional and must not share it with others.

10.8 This clause will survive the termination or expiry of these Terms.

11. Peptide Therapy

11.1 As allowed by Law and professional guidelines, where medically appropriate, a Health Professional may prescribe certain peptide therapy for your use. You understand and acknowledge that:

• the long-term safety and effectiveness of peptide therapy has not been fully established;
• you are responsible for the proper storage, handling and administration of any peptides prescribed to you. Peptides must be stored correctly (usually refrigerated) and any failure to store peptides correctly may affect their safety and effectiveness; and
• use of peptides for any purpose other than as prescribed by a Health Professional is illegal.

12. Monitoring Requirements

12.1 You understand that the Health Professionals have an obligation to ensure your wellbeing by monitoring your health when prescribing Medication.

12.2 Where you are prescribed Medications by Health Practitioners:

• you must attend follow-up Consultations as requested by the Health Professional (usually every 3 months or more frequently for peptides);
• you may be required to undergo blood tests or other monitoring before receiving repeat prescriptions and if so you must do this;
• the Health Professional may cease prescribing Medications if you do not attend required follow-up Consultations or monitoring appointments; and
• you must immediately report any side effects or adverse reactions to the Health Professional.

13. Blood Testing

13.1 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.

13.2 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;
• neither we nor the Health Professionals are responsible for or have control over any health services or information provided by Third Party Medical Providers.

13.3 Where you provide blood test results as part of our Services, the Health Professionals have an obligation to review these results. If any concerning markers are identified, the Health Professionals will contact you via the Platform (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. By accepting these Terms, you consent to the Health Professionals 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.

13.4 This clause 13 will survive the termination or expiry of these Terms.

The following clause 14 applies to Health Professionals

14. Prescribing Medications

14.1 Health Professionals must comply with all prescribing requirements required by Law and professional guidelines (including but not limited to the Medical Board of Australia guidelines) when performing the Health Services.

14.2 The Health Professional must comply with any restrictions in clauses 3.4, 3.5, 4.3, 9, 10, 11, 12 and 13 of these Terms which apply to the performance of the Health Services as applicable.

14.3 You (a Health Practitioner) agree to pay our additional costs reasonably incurred as a result of you failing to comply with this clause 14.

14.4 This clause 14 will survive the termination or expiry of these Terms.

The following clauses 15-26 (inclusive) apply to all users (as applicable)

15. Payment Collection Services

15.1 Each Patient and Health Professional acknowledges and agrees that:

• the Health Professionals each hereby appoint us as their limited payment collection agent to collect payment of Fees from Patients on their behalf, and to invoice Patients on their behalf;
• Patients must pay the Fees via the Platform;
• we will receive the Fees into our bank account as limited payment collection agent for Health Professionals, which will be separate from our day-to-day operations bank account;
• we will raise an invoice or receipt on behalf of Health Professionals for Health Services performed by the Health Professionals and issue these to Patients;
• the payment by Patients of the Fees to us will constitute the payment by Patients to the Health Professionals for the Consultation as set out in the Booking;
• we will account to the Health Professionals for the Fees less any amounts owed to us for performance of the Services as agreed separately between us and the Health professionals under our service agreement;
• for the avoidance of doubt, it is Health Professionals, and not us, who will provide the Health Services to Patients, and that the payment of the Fees by Patients to us does not constitute Patients paying us to provide the Health Services; and
• where applicable, any invoice generated by the Platform will have the details belonging to Health Services (and not us and/or the Platform) listed as the entity making the "taxable supply" (as that term is defined by the A New Tax System (Goods and Services Tax) Act 1999 (Cth)) to Patients.

16. Account

16.1 You must sign up for an Account in order to access and use the Services.

16.2 While you have an Account with us, you agree to:

• keep your information up-to-date (and ensure it remains true, accurate and complete);
• keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and
• notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account or any logins linked to your Account.

16.3 If you close your Account, you will lose access to the Services.

17. Licence

17.1 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.

17.2 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;
• access or use the Services to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted;
• use the Services for inappropriate, unethical, unreasonable or illegal reasons;
• use our Platform to send unsolicited electronic messages; or
• use data mining, robots, scraping or other data gathering and extraction tools on our Platform.

17.3 If you breach clause 17.2, we can suspend your access to the Platform or terminate these Terms in accordance with clause 24.

17.4 This clause 17 will survive the termination or expiry of these Terms.

18. Availability, Disruption, Downtime and Third Party Services

18.1 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.

18.2 We will try to provide you with reasonable notice, where possible, of any disruptions to your access to the Services.

18.3 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.

18.4 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.

18.5 You acknowledge and agree that if you do not agree to any Third Party Terms, this may affect our ability to provide the Services.

19. Intellectual Property and Data

19.1 We (or our licensors) 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.

19.2 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

19.3 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).

19.4 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.

19.5 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.

19.6 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.

19.7 If you do not provide Your Data to us, it may impact your ability to receive the Services.

19.8 This clause 19 will survive the termination or expiry of these Terms.

20. Confidential Information

20.1 You may come across confidential information of other users during the use of our Services. You agree to:

• keep all confidential information strictly confidential;
• use confidential information solely for Platform transactions; and
• not disclose confidential information without permission or as required by Law.

20.2 We commit to protecting users' confidential information and will only use it for the purpose of supplying our Services.

20.3 This clause does not apply to information that is or becomes publicly available through no fault of the receiving party; is required to be disclosed by Law, regulation, or court order; is rightfully received from a third party without a duty of confidentiality; is independently developed by the receiving party without use of confidential information; or is approved for release by written authorization of the disclosing party.

20.4 Either you or we may share confidential information with legal or regulatory authorities if required by Law to do so.

20.5 These obligations survive the termination or expiry of these Terms or any Platform transaction.

21. Personal and Health Information

21.1 We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on the Platform, and applicable privacy and health Laws.

21.2 You must only disclose Personal Information to us if you have the right to do so (such as having the individual's express consent).

21.3 As set out in our privacy policy, 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). As part of our Services, we will also need to disclose information about Patients to Health Professionals, and vice versa, so that they can connect and transact.

21.4 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.

21.5 Health Professionals and Patients must not disclose Personal Information about each other to third parties unless authorised by these Terms or by Law.

21.6 We (and each of the Health Professionals must) comply with the Health Records and Information Privacy Act 2002 (NSW) (HRIP Act). Each Patient's health information will be:

• collected, stored, used, and disclosed in accordance with Health Privacy Principles;
• kept secure with appropriate safeguards;
• retained for a minimum of 7 years (for adults) or as otherwise required by Law;
• accessible to a Patient upon request in accordance with the Patient's rights under the HRIP Act;
• only disclosed to third parties (including pharmacies, pathology providers, and a Patient's nominated general practitioner) with the Patient's consent, as allowed by these Terms or as required by Law.

21.7 Health Professionals must comply with public health notification obligations for certain diseases and conditions under the Public Health Act 2010 (NSW). If you (a Patient) are diagnosed with a notifiable condition, the Health Professional is required by Law to report this to NSW Health and you agree to this. Where we are required by Law to report on our activities or activities of Health Professionals or Patients, 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.

21.8 This clause 21 will survive the termination or expiry of these Terms.

22. Consumer Law Rights

22.1 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.

22.2 Subject to your Consumer Law Rights, we do not provide a refund for a change of mind or change in circumstance.

22.3 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)).

22.4 This clause 22 will survive the termination or expiry of these Terms.

23. Liability

23.1 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:

• Patients - Health Services provided by the Health Professionals or any aspect of the relationship between Health professionals and Patients and neither we nor the Health Professionals make any guarantee about the results you may achieve through any prescribed Medications;
• Patients - any Report compiled by us which is based on information that you have provided;
• Patients - your sharing, transferring, or providing Medications (including peptides) to any other person;
• Patients and Health Professionals - your failure to follow any reasonable instructions provided to you by us including any direction in these Terms;
• Patients and Health Professionals - any event outside our reasonable control; and/or
• disruptions or downtime caused or contributed to by third parties or any Liability caused or contributed to by, arising from or connected with any Third Party Terms.

23.2 To the maximum extent permitted by Law, a party will not be liable for, and each party releases each other party from liability for, any Liability caused or contributed to by, arising from or in connection with:

• any other user's breach of the Fees (clause 8) Confidential Information (clause 20), Personal Information (clause 21) and/or Intellectual Property (clause 19) provisions of these Terms; and/or
• as between each of the Patients and Health Professionals 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.

23.3 Where you engage third parties to operate alongside our Platform (for example, any third-party software systems you wish to integrate with our Platform), those third parties are independent of us and you are responsible for (meaning we will not be liable for) the goods or services they provide, unless we expressly agree otherwise in writing.

23.4 Regardless of whatever else is stated in these Terms, to the maximum extent permitted by Law:

• neither we nor 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.

23.5 This clause 23 will survive the termination or expiry of these Terms.

24. Suspension and Termination

Suspension

24.1 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 you are a Health Practitioner, we reasonably believe you are in breach of clause 14 or clause 17.2; or
• if you are a Patient, we reasonably believe you are in breach of clause 17.2 or clause 7.

24.2 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

24.3 We may terminate these Terms (meaning you will lose access to the Services) if:

• you fail to pay your fees when they are due;
• if you are a Health Practitioner, you breach any term of the services arrangement with us;
• 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).

24.4 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.

24.5 You may also terminate these Terms at any time by notifying us through your Account or to our email for notices (as set out in clause 25.9), and termination will take effect immediately.

24.6 Upon termination of these Terms, we will retain Your Data (including copies) as required by Law or regulatory requirements.

24.7 Termination of these Terms will not affect any other rights or liabilities that we or you may have.

24.8 This clause 24 will survive the termination or expiry of these Terms.

25. General

25.1 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.

25.2 Disputes re our Services: 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. We have established complaints handling procedures in accordance with regulatory requirements. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

25.3 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 Sydney, New South Wales, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules.

25.4 Disputes re Health Services: We encourage Patients and Health Professionals to attempt to resolve disputes (including claims for refunds or remedies) directly and in good faith, through external communication methods. In the event that a dispute cannot be resolved through these means, Patients and Health Professionals may choose to resolve the dispute through other means, such as mediation. We are not responsible for mediating or resolving disputes between Patients and Health Professionals. You may lodge complaints about Health Professionals with the Health Care Complaints Commission (HCCC) in NSW or AHPRA (for complaints about Health Professional conduct or performance.

25.5 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.

25.6 Governing law: These Terms are governed by the Laws of New South Wales, and any matter relating to these Terms is to be determined exclusively by the courts in New South Wales and any courts entitled to hear appeals from those courts.

25.7 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. Health Professionals reserve the right to refuse any request for or in relation to the Health Services that they deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.

25.8 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.

25.9 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.

25.10 Notices: Any notice you send to us must be sent to [email protected]. Any notice we send to you will be sent to the email address registered against your Account.

25.11 Professional Services Disclaimer: The Services do not constitute, and are not a substitute for, medical, financial, legal or risk management advice.

26. Definitions

In these Terms:

• Account means an account accessible to the individual or entity who signed up to the Services.
• AHPRA means the Australian Health Practitioner Regulation Agency, an agency appointed with the regulation of health practitioners.
• Anti-Doping Rules means the World Anti-Doping Code and any applicable national or international anti-doping rules, including those enforced by Sport Integrity Australia.
• ARTG means the Australian Register of Therapeutic Goods maintained by the TGA.
• Compounded Medication means a medication that is prepared by a pharmacy for an individual patient, rather than supplied by a manufacturer as a finished product, and which has not been evaluated by the TGA in the same way as TGA-approved products.
• 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 Health Services provided by Health Professionals) 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 4.8, 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.
• Peptide includes peptide-based therapeutic substances, most of which are unapproved therapeutic goods not included on the ARTG and requiring TGA approval through the Special Access Scheme or Authorised Prescriber pathway.
• 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.
• Record means Reports, Your Data and any relevant medical records retained by the Platform.
• Report means a report compiled by us for the benefit of the Health Professionals using information that you have provided in your Onboarding Form, Responses (if any) and any other relevant documentation.
• Responses means any additional questionnaires required by the Health Professional prior to a Consultation.
• SAS or Special Access Scheme means the scheme administered by the TGA under which medical practitioners can access unapproved therapeutic goods for individual patients on a case-by-case basis.
• 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 a pharmacy on behalf of you for fulfilling of a Script.
• Services means the services we provide to you, as detailed at the beginning of these Terms.
• Sport Integrity Australia means the Australian Government agency responsible for protecting the integrity of sport, including enforcement of anti-doping rules.
• TGA means the Therapeutic Goods Administration, the Australian regulatory authority responsible for regulating therapeutic goods including medicines, medical devices, and biologicals.
• 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.