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Welcome to Ollo for Women. We provide a cloud-based platform where you can be connected with third party health professionals, including health care practitioners to receive telehealth and other health services (Platform).
In these Terms, when we say you or your, we mean both you and any entity you are authorised to represent (such as your employer). When we say we, us, or our, we mean Australian Life Tech Pty Ltd (ACN 72 613 925 830).
These Terms form our contract with you, and set out our obligations as a service provider and your obligations as a customer. You cannot use our Services unless you agree to these Terms.
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.
For questions about these Terms, or to get in touch with us, please email: support@olloforwomen.com
These Terms were last updated on 8 August 2024.
Disclaimers
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.
We do not perform consultations or offer treatment for illnesses, injuries and other medical concerns. These are provided by third-party medical practitioners.
As part of our Services, our role is limited to referring you to an applicable third-party Australian registered medical practitioner or specialist for a consultation. The medical practitioner or specialist may, based on their own judgements, medical expertise and assessment of your suitability for such treatments, provide alternative medicines or treatments to you. We are not responsible for, nor do we make any guarantees as to, medical advice, products or services that a third party (including a medical practitioner) may provide you, including but not limited to the prescription of certain medications.
The information on our Platform and website is intended to be general information only and is in no way intended to be medical advice, treatment or diagnoses, or substituted for the foregoing. We do not accept Liability for any injury, loss or damage incurred by you, or a third party, for your use of, or reliance on, the information published on the Platform or our website. You should seek immediate advice from a health practitioner if you have any concerns related to your health.
OUR DISCLOSURES
Please read these Terms carefully before you accept. We draw your attention to:
● our privacy policy (on our website) which sets out how we will handle your personal information;
● clause 1.4 (Variations) which sets out how we may amend these Terms; and
● clause 8 (Liability) which sets out exclusions and limitations to our liability under these Terms.
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.
These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.
1. Acceptance and Platform Licence
1.1 By clicking on “I accept” (or similar button or checkbox) or by using or accessing the Platform, you accept these Terms.
1.2 These Terms apply from acceptance, until the date on which they are terminated in accordance with these Terms. We grant you a right to use our Services for this period of time only.
1.3 You must be at least 18 years old to use our Platform.
1.4 Variations: We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use our Platform 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 may terminate these Terms by giving us notice to our email.
1.5 Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
1.6 When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:
(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
(b) using the Platform to defame, harass, threaten, menace or offend any person, including using the Platform to send unsolicited electronic messages;
(c) tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);
(d) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or
(e) facilitating or assisting a third party to do any of the above acts.
2. Our Services
2.1 Subject to your compliance with these Terms, we will provide you with access to our Platform and connect you with our Third Party Partners (our Services).
2.2 We will not be responsible for any other services unless expressly set out on in these Terms or on our Platform.
2.3 Third Party Partners: You acknowledge and agree that where you book or have access to a service via our Platform from a Third Party Partner, you will be required to accept that Third Party Partner’s terms and conditions in order to access such services. We recommend that you review these terms and conditions prior to making a booking or using such services. Except for our Third Party Partners, any third parties you engage to operate alongside our Services (for example, any third-party software systems you wish to integrate with our Platform), are independent of us and you are responsible for (meaning we will not be liable for) the goods or services they provide.
3. Access to the Platform
3.1 You may be required to register on the Platform to access the Platform’s features.
3.2 All personal information you provide to us will be treated in accordance with our Privacy Policy.
3.3 You agree not to share your login details with any other person. Your login is personal and you must not transfer or provide it to others.
3.4 You are responsible for keeping your login details and your username and password confidential and you will be liable for all activity via your login. You agree to immediately notify us of any unauthorised use of your login.
3.5 You must not obtain any good or service offered by, or on behalf of us, for someone other than you, unless you are their parent, legal guardian or carer and have their consent to obtain the good or service on their behalf. Impersonating someone without their explicit consent (unless you are their parent, legal guardian or carer) to access service on our platform, by using their Medicare number and/or their phone number is committing fraud punishable under Criminal Code Act 1995.
3.6 Fair Use: We have the required resources and are able to provide the Platform effectively to all users, subject to you using the Platform fairly and reasonably. Where you use the Platform in a way that exceeds reasonable usage (compared to other users of the Platform), we may notify you of this and request that you reduce your usage to what we determine to be reasonable, and if you fail to reduce your usage, we may then terminate your access to the Platform.
3.7 You may be required to create an account with our Third Party Partners in order to make full access and use of the Third Party Partner’s services.
4. Access to Third Party Partners
4.1 You may use the Platform to access our Third Party Partners, including our Third Party Medical Providers.
4.2 To book an initial free consultation with a Third Party Medical Provider, you must first complete an eligibility screening questionnaire. The Third Party Medical Provider will determine, in their sole discretion, whether you meet the eligibility criteria and can proceed to booking in the initial free consultation with that Third Party Medical Provider. You acknowledge and agree that only one initial free consultation is permitted per eligible customer.
4.3 You acknowledge and agree that:
(a) any services, including consultations, provided by a Third Party Partner are services provided by that Third Party Partner, not us, and we are not a party to, or participant in, any contractual relationship between you and a Third-Party Medical Provider or any other Third Party Partner;
(b) the Third Party Partners are not our agents, contractors or employees;
(c) the Third Party Medical Providers have full and absolute discretion in determining whether a consultation, health service or referral is suitable for you; and
(d) we do not guarantee that a Third Party Medical Provider will refer you to a more suitable health practitioner or prescribe you with medication.
5. Fees and Charges
5.1 All charges and fees for services provided by Third Party Partners are determined by that Third Party Partner. The price of services provided by Third Party Partners is available at the time you request the relevant services.
6. Intellectual Property and Data
6.1 We own all intellectual property rights in our Services (including our Platform). This includes how our Platform looks and functions, 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 our Platform.
6.2 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.
7. Confidential Information and Personal Information
7.1 While using our Services, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means making sure that any employees, contractors, professional advisors or agents of ours or yours only have access to confidential information on a ‘need-to-know basis’ (in other words, the disclosure is absolutely necessary), and that they also agree to not misuse or disclose such confidential information.
7.2 However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so.
7.3 We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on our website, and applicable privacy laws.
7.4 You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent).
7.5 We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors).
7.6 Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.
8. Consumer Law Rights
8.1 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.
8.2 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)). If our Platform is not ordinarily used for personal, household or domestic use, our liability for a breach of your Consumer Law Rights is limited to either resupplying our Services, or paying the cost of having our Services resupplied.
9. Liability
9.1 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:
(a) your computing environment (for example, your hardware, software, information technology and telecommunications services and systems); or
(b) any use of our Services by a person or entity other than you.
9.2 Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:
(a) neither we or you are liable for any Consequential Loss;
(b) 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;
(c) (where our 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
(d) our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to AU$1,000.
10. Access and Termination
10.1 We may revoke your access to the Platform and terminate these Terms at any time by giving 30 days’ written notice to you.
10.2 Should we suspect that you are in breach of these Terms, we may suspend your access to the Platform while we investigate the suspected breach. Should we determine that you are in breach of these Terms, your access to the Platform will be terminated immediately.
10.3 You may also terminate these Terms at any time by notifying us to our email for notices (as set out in clause 10.8), and termination will take effect immediately.
10.4 If either party terminates these Terms, you must immediately cease accessing the Platform and the Services.
10.5 Upon termination of these Terms, we will retain Your Data (including copies) as required by law or regulatory requirements.
10.6 Termination of these Terms will not affect any other rights or liabilities that we or you may have.
11. General
11.1 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, novate 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.
11.2 Disputes: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
If the Dispute is not resolved at that initial meeting:
(a) 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
(b) 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.
11.3 Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including our Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.
11.4 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.
11.5 Illegal Requests: We reserve the right to refuse any request for or in relation to our Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.
11.6 Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.
11.7 Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.
11.8 Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address you provide to us.
11.9 Survival: Clauses 5 to 9 will survive the termination or expiry of these Terms.
11.10 Third Party Sites: Our Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations in relation to the suitability of those websites. If you purchase goods or services from a third party website linked from our Platform, those goods or services are being provided by that third party, not us. 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. We will make it clear by notice to you which (if any) goods or services, or website links, we receive a benefit from by featuring them on our Platform.
12. Definitions
12.1 In these Terms:
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 our Services (including our Platform) will not constitute “Consequential Loss”.
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.
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.
Platform means our cloud-based platform that we provide you with access to as part of the Services.
Services means the services we provide to you, as detailed in clause 2.1.
Third Party Medical Provider means our third party telehealth and health professionals that we connect you to via the Platform, including Medmate Australia ABN 88628471509.
Third Party Partners means one of our third party partners we connect you to for services via the Platform, and includes Third Party Medical Providers.