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Our terms of use

Last updated 03 December 2020

This website located at au.treated.com (Website) is owned and operated by Eve Adam Australia Pty Ltd, ACN 639202556 (Eve Adam Australia, Treated, we, us or our).

This page outlines the Terms and Conditions when using our Website and accessing our Services.

By using this Website, and in consideration of Eve Adam Australia Pty Ltd providing you with access to the Website, you accept these Terms and Conditions govern your access to and use of the Website and you agree to comply with them.

We reserve the right to amend these Terms and Conditions from time to time. The latest version of these Terms and Conditions will always be available on our Website.

Who are we?

We are an Australian online telehealth platform that connects patients with Australian registered medical practitioners and pharmacists. We provide:

  1. Access to online and telehealth consultations with Australian registered medical practitioners (Partner Practitioner/s);
  2. Follow-up appointments with Partner Practitioners;
  3. Access to prescription and non-prescription medicine through Australian registered pharmacists (Partner Pharmacist/s);
  4. Ongoing subscription services (script refills); and
  5. General health information (Services).

Eve Adam Australia Pty Ltd can link you with Partner Practitioners and Partner Pharmacists. Eve Adam Australia Pty Ltd is not however a health service provider.

No Medical Care or Advice Provided

Eve Adam Australia Pty Ltd takes no responsibility and makes no warranties, express or implied:

  1. That the Website or Services provided through the Website are appropriate for you and your medical needs;
  2. That an online or telehealth consultation with a Partner Practitioner or Partner Pharmacist is suitable for you;
  3. About the content of any consultation between you and a Partner Practitioner or Partner Pharmacist; and/or
  4. About the quality or suitability of any medication provided to you by our Partner Pharmacist.

You and your Partner Practitioner and/or Partner Pharmacist are responsible for the conduct of each consultation and all information or communications made.

Given Eve Adam Australia Pty Ltd is not a health service provider, we cannot advise on the suitability of our Services in your personal circumstances. You should discuss this with your Partner Practitioner and/or Partner Pharmacist.

By using our Website you consent to the provision of online and telehealth services by our Partner Practitioners and Partner Pharmacists.

In the event you and/or your treating practitioners decide the Services provided through the Website are not appropriate for you, your Partner Practitioner or Partner Pharmacist may refer you to an alternative health service, you may cancel any subscriptions and close your Account.

Partner Practitioners and Partner Pharmacists have the same obligations to you as if they were consulting you in person, and may ask to follow-up with you online or via telephone if they believe this is clinically necessary. Partner Practitioners will make notes of each consultation with you and it is their responsibility to hold and maintain your records as required by law.

Eve Adam Australia Pty Ltd will securely hold copies of your medical records on behalf of Partner Practitioners and Partner Pharmacists. We refer to our Privacy Policy  which sets out how you can access your medical records.

How to use our Website

If you wish to use the Services you will need to sign up for a user account (Account).

In order to create an Account you must:

  1. Reside in Australia;
  2. Be over 18 years old;
  3. Read and agree to these Terms and Conditions;
  4. Perform an identity check or upload government-issued photographic identification;
  5. Provide:
    1. Certain mandatory personal and medical information;
    2. Upload supporting evidence about your medical history (if necessary) (Account Details);
  6. Agree to us providing your Account Details to our Partner Practitioners, Partner Pharmacists and delivery partners for the purposes of providing you with the Services;
  7. Provide your consent to receive text messages and emails from us as well as our Partner Practitioners, Partner Pharmacists and delivery partners relating to the provision and delivery of our Services;
  8. Review and agree our fees, including:
    1. Partner Practitioner fees; and
    2. Partner Pharmacist fees;
  9. Provide payment details and confirm reoccurring payment authorisation (if necessary); and
  10. Create an Account password.

It is your responsibility to keep your Account password secure. You must not provide your Account password to a third party. If you suspect your Account has been subject to unauthorised access or use, you must immediately change your Account password and notify us. This is important to ensure your personal information is secure.

You agree that all information provided to us, our Partner Practitioners and Partner Pharmacists is accurate and complete and that you will not omit any information that a reasonable person would consider relevant to the Services you seek through the Website.

It is your responsibility to advise your regular doctor of any medications or treatments our Partner Practitioners have prescribed to you. If you would like our Partner Practitioners or Partner Pharmacists to forward information to your regular doctor on your behalf (for instance, information about medications prescribed or treatment provided to you by a Partner Practitioner), please let your Partner Practitioner know. You will also need to provide your written consent for Eve Adam Australia Pty Ltd to do so.

Online Payments and Subscriptions

Online Payments

  1. You can purchase Services and products through the Website, with Eve Adam Australia Pty Ltd serving as payment processing agent on your behalf.
  2. If you elect to purchase a product from a Partner Pharmacist, then the total product purchase price displayed on the Website is the total amount of money you will be charged and includes any applicable service fees and taxes.
  3. We accept credit and debit cards issued by Australian banks. If a credit card account is being used for a transaction, Eve Adam Australia Pty Ltd may obtain preapproval for an amount up to the value of your approved transaction.
  4. If you elect to make recurring payments automatically, all applicable fees and charges will be billed to the bank card designated by you during your Account setup process. If you want to designate a different bank card, or if there is a change in your bank card details, you must log into your Account and update your payment information. There may be a temporary delay in your ability to make online payments through the Website while we verify your new payment information.
  5. By making online payments through the Website you represent and warrant that:
    1. Any credit card, debit card and bank account information you supply is true, correct, and complete;
    2. Charges incurred by you will be honoured by your credit or debit card company or bank;
    3. You will pay all charges incurred by you in relation to your purchase, including and without limitation, any applicable taxes, and
    4. You are the person in whose name the card was issued and you are authorised to make a purchase or other transaction with the relevant bank card information.

Subscriptions

  1. If you purchase a subscription to our Services, your subscription is continuous and will be automatically renewed at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period.
  2. Eve Adam Australia Pty Ltd may change the price for your subscription from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. If you have been notified of a price change and continue to use the Treated Services after the price change takes effect, you will be taken to have accepted the new price.
Closing your Account, cancelling subscriptions and turning off notifications

Closing your Account

  1. You can close your Account at any time by contacting Treated Customer Services at [email protected].
  2. Please note that even if you close your Account we are required to securely hold your medical records for a period of 7 years after your last consultation with a Partner Practitioner.

Cancelling subscriptions

  1. You will be contacted by Eve Adam Australia Pty at least 5 days before a repeat prescription order is fulfilled to confirm whether you wish to proceed or cancel your order.
  2. You can otherwise cancel your subscriptions at any time by contacting us. At the time of cancellation you will only be required to pay for subscriptions that have been dispensed.

Turning off Notifications

  1. You can unsubscribe from Treated emails by logging in to your Account and clicking the 'Unsubscribe' button located at the bottom of the email, or by changing your preferences on your Treated Account page.
  2. You can opt out of receiving text messages at any time by unsubscribing from our email list or contacting us.
Intellectual Property

All material on the Website, including the text, code, information, graphics, illustrations, photographs, video, music, sound, trading names, service marks, logos, design, layout, downloads, pricing, products and services (Content) is owned by or licensed to Eve Adam Australia Pty.

You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content for any purpose, other than with the prior written consent of Eve Adam Australia Pty, or as permitted by law. All rights of Eve Adam Australia Pty are reserved.

Treated and the Treated logo are trade-marks of Eve Adam Australia Pty.

Trade-marks used on the Website to describe third parties and their products are trade-marks of those third parties and you are not permitted to use them without the consent of those third parties.

Links and Third Party Content

You must not link to, frame or mirror any part of the Website without the written authorisation of Eve Adam Australia Pty.

The Website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites). Third Party Content and Third Party Websites are not under our control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.

Your conduct

You must not:

  1. use the Website in breach of any applicable laws or regulations;
  2. use the Website for commercial purposes (including for competitive advantage or to our competitive disadvantage);
  3. use the Website to harm, abuse, harass, stalk, threaten or otherwise offend others;
  4. interfere with, disrupt, or create an undue burden on the Website;
  5. upload, post, transmit or otherwise make available any material that:
    1. is not your original work, or which may infringe the intellectual property or other rights of another person;
    2. is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
    3. includes an image or personal information of another person unless you have their consent;
    4. you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;
    5. contains large amounts of untargeted, unwanted or repetitive content; or
    6. contains financial, legal, medical or other professional advice.

Without limiting the above, you will not and will not permit a third party to:

  1. misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack;
  2. use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repacking the Content;
  3. use, obtain, or attempt to obtain from the Website, information in order to identify or discover pricing, underwriting, rating and related business methodology or systems; and
  4. do anything which will or may damage, disrupt access to or interfere with the proper operation of the Website.
  5. If you believe that a Website user has breached any of the above conditions, please contact us.

We reserve the right to block or suspend any user of the Website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the Website by any user, without notice. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you on the Website constitutes a violation of their intellectual property rights or of their right to privacy.

Eve Adam Australia Pty is not responsible for, and accepts no liability with respect to any material uploaded, posted, transmitted or otherwise made available on the Website by any person other than Eve Adam Australia Pty. We do not endorse any opinion, view, advice or statement made by any person other than Eve Adam Australia Pty.

Cookies

A cookie is a small text file stored in your computer’s memory or on your hard disk for a pre-defined period of time. We use cookies to identify specific machines in order to collect aggregate information on how visitors experience the Website. This information will help to better adapt the Website to suit personal requirements.

We may use third-party vendors to show our ads on sites on the Internet and serve these ads based on a user’s prior visits to the Website. We may also use analytics data supplied by these vendors to inform and optimise its ad campaigns based on your prior visits to the Website.

While cookies allow a computer to be identified, they do not contain personal information about a specific individual. For information on cookie settings of your internet browser, please refer to your browser’s manual.

Disclaimer, Liability and Indemnity

We do not guarantee that the Website will be secure or free from bugs or viruses or function without interruption or errors. The Website is provided on an "as is" and "as available" basis. You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software. By accessing the Website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by the Website or by any Third Party Content or Third Party Website.

To the extent permitted by law, Eve Adam Australia Pty and its Affiliates excludes all warranties, conditions and representations (whether express or implied) that may apply to the Website or any Content on it. Eve Adam Australia Pty and its Affiliates will not be liable to you for any loss or damage of any kind, whether in contract, tort (including negligence), even if foreseeable, arising under or in connection with:

  1. your use of, or inability to use the Website; or
  2. your use of or reliance on any Content or material displayed on the Website,
  3. including any direct, indirect, special, incidental, consequential or punitive damages, which includes, but is not limited to, loss of revenue or profits or business or anticipated savings, loss of use or goodwill or reputation, loss of data, even if such loss was foreseeable.

You agree to indemnify Eve Adam Australia Pty and each of the officers, employees, agents, contractors, suppliers and licensors (collectively Affiliates) of Eve Adam Australia Pty 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 or in connection with the breach of or failure to comply with these Terms and Conditions (including but not limited to any information you upload or transmit through the Website), or any other default or wrongful conduct in relation to the subject matter of these Terms and Conditions, on the part of you or any of your Affiliates.

Privacy Policy

In order to register for an Account you will be asked to provide us with personal information about you, including for instance, your name, date of birth, gender, contact details and sensitive health information. We will only use your personal information as set out in our Privacy Policy. It is your responsibility to ensure the information you provide is up to date and complete.

Jurisdiction

These Terms and Conditions are governed by the laws of New South Wales, Australia.

Contact

If you have any queries regarding these Terms and Conditions, please contact us by email: [email protected]; or by post: EVEADAM HEALTH PTY LTD, SUITE 2 BAYSWATER ROAD,POTTS POINT, NSW 2011

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