Platform Terms of Use

Holyland Medical Pty Ltd ABN 37 692 644 367 (We, Us, Our) provides a digital infrastructure (Platform) that facilitates online medical consultations between patient users (You, Your) and independent medical practitioners (Medical Practitioner). The Platform itself is not a healthcare provider, hospital, clinic or medical practice and does not provide any diagnosis, screening or prognosis, or make any recommendation or decision about the treatment of any medical condition.

These Terms of Use (Terms) apply to Your use of the Platform to book, manage and attend an online consultation with a Medical Practitioner to obtain a second medical opinion about Your medical condition (Consultation).

By accessing and using the Platform, You confirm that You have read, understood and agree to be bound by these Terms. If You do not agree, You must immediately cease use of the Platform.

We may make reasonable changes to these Terms to reflect changes in law or Our policies and procedures. We will notify You of any changes to these Terms by publishing the amended version on the Platform or notifying You by email. Any amended version of these Terms will apply to You from the date of publication on the Platform or Our notice to You, whichever is later.

The Medical Practitioners on Our Platform operate as independent professionals and are not Our employees, agents or partners. All medical advice, diagnoses and clinical decisions are made solely by the Medical Practitioner.

No doctor-patient relationship is formed between You and Us by You using the Platform. Any doctor-patient relationship exists solely between You and the Medical Practitioner providing the Consultation.

We accept no responsibility or liability for the advice, clinical decisions or professional conduct of the Medical Practitioners on Our Platform.

The Platform is not suitable for emergency medical services. If You are experiencing a medical emergency, You should call Your local emergency services number immediately or go to Your nearest hospital emergency department.

You must create an account to book, manage and/or attend Your Consultation on the Platform.

You must be over the age of 18 years old to create an account on the Platform. If You are under the age of 18 years old, You must have a parent or guardian create an account on Your behalf in order to book and attend Your Consultation.

If You breach any of these obligations, We reserve the right to immediately suspend or remove Your access to the Platform with or without notice. Suspension or closure of Your account or termination of Your access to the Platform does not affect any rights or obligations accrued prior the suspension or termination.

We collect and use Your personal information and health information to operate the Platform facilitate Your Consultations, manage bookings and payments and comply with Our legal obligations.

When you book a Consultation through the Platform, the Medical Practitioner providing that Consultation will also access and use Your person information and health information for the purpose of providing You independent clinical services and maintaining their professional records in accordance with applicable laws and professional obligations.

Further information about how Your personal information and health information is handled is set out in Our Privacy Policy.

Fees for Your Consultation are set by the Medical Practitioner and displayed on the Platform prior to booking Your appointment.

All fees are in US dollars (USD) unless otherwise indicated. You are responsible for any currency conversion fees, taxes or duties applicable in Your jurisdiction.

You must pay the full fee for Your Consultation in order to secure Your booking. By providing Us with Your payment details, You authorise Us to charge You the applicable fees to secure Your booking.

All payments are processed securely by Our third-party payment provider, Stripe.

Your Medical Practitioner may reschedule Your appointment at any time with Your agreement. You may also request to reschedule Your appointment at least 24 hours' before Your scheduled appointment time, with the agreement of Your Medical Practitioner. If Your appointment is rescheduled by agreement in accordance with this clause 6.6, Your existing payment for the Consultation will be applied to the new appointment.

Nothing in clause 7.5 affects any statutory rights You may have under Australian Consumer Law or any equivalent mandatory consumer protection laws applicable in Your jurisdiction.

The Platform and its content, including all software, technology, systems, functionality, databases, workflows, forms, questionnaires, designs, layouts, interfaces, branding, trade marks, logos, text, graphics, content, documentation, and all improvements, modifications and derivative works relating to the Platform, is the property of Holyland Medical Pty Ltd ABN 37 692 644 367 or its licensors and is protected by applicable intellectual property laws. You must not copy, reproduce, modify, adapt, distribute, create derivative works from, reverse engineer, decompile, disassemble, commercially exploit, or otherwise use any part of the Platform without Our prior written consent.

By uploading any medical records, reports, referrals, pathology results, imaging, scans, test results, specialist letters, treatment plans, prescriptions, identity documents, questionnaires, forms, or other information or documentation (Patient Uploaded Records), You grant to Us a non-exclusive, worldwide, royalty-free licence to use, reproduce and sub-licence to Our contractors Your Patient Uploaded Records (including the intellectual property rights contained therein) for the purpose of Us facilitating Your Consultation with a Medical Practitioner on the Platform.

The Platform is provided on an "as is" basis without warranties of any kind, express or implied, to the fullest extent permitted by applicable law.

We do not warrant that the Platform will be uninterrupted, error-free, or free from harmful components.

Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition that cannot be excluded under Australian Consumer Law or any equivalent mandatory consumer protection laws applicable in Your jurisdiction. If any such guarantee applies, Our liability is limited to the extent permitted by law, including re-supply of the Consultation or payment of the cost of re-supply.

The Medical Practitioners on Our Platform are individually responsible for their clinical decisions and are required to maintain appropriate insurance as a condition of their engagement to provide the Consultations on the Platform. We are not liable for any act or omission of a Medical Practitioner.

These Terms are governed by the laws of Victoria, Australia and You agree to the exclusive jurisdiction of the courts of Victoria, Australia.

If You have any complaints or concerns about the Platform, please contact holylandmedical@gmail.com.

If You wish to make a complaint about the professional conduct of a Medical Practitioner on Our Platform, You should contact the health complaints authority in the jurisdiction in which the Medical Practitioner is registered.

These Terms and Our Privacy Policy constitute the entire agreement between You and Us relating to Your use of the Platform.

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be severed and the remaining provisions will continue in full force.

Any failure by Us to enforce any clause contained in these Terms does not constitute a waiver of Our right to enforce that clause in the future.

For any questions, complains or notices relating to these Terms, please contact:

• Holyland Medical Pty Ltd ABN 37 692 644 367
  196D Riversdale Road, Hawthorn, Victoria 3122 Australia