Website Terms of Use

This website is operated by Specialist Access Clinics Pty Ltd (ABN 47 655 133 663) trading as Novel Health Co (“Company”). The Company manages medical centres on behalf of health service providers and medical practitioners who operate from the Company’s centres.  Normally these medical practitioners are not employees of the Company and in providing medical services and doing other things, are independent contractors. This website is located on the internet via the domain https://novelhealth.com.au and includes all of the files located in that domain (“Website”).

Access and Use of Website

1. By accessing this Website, you agree to be bound by these terms of use (“Website Terms of Use”). These Website Terms of Use constitute a binding agreement between you and the Company and govern your use of this Website.
2. As part of these Website Terms of Use, your use of this Website is also subject to the Company’s Privacy Policy (located at https://novelhealth.com.au/privacy) which is incorporated by reference into these Website Terms of Use.
3. Without limiting any other remedies available to the Company at law or in equity, the Company reserves the right to, without notice:
   1. temporarily or indefinitely suspend, or terminate, your access to this Website or refuse to provide products or services to you if:
      1. you breach any provision of these Website Terms of Use;
      2. the Company is unable to verify or authenticate any information that you provide to the Company; or

• the Company believes that your actions may cause damage and/or legal liability to the Company, any of its customers or suppliers or any other person; and

1. remove or block access to any information and/or materials (in whole or in part) that the Company, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person’s intellectual property rights or these Website Terms of Use.

4. You indemnify and hold harmless the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
   1. any material or information that you submit, post, transmit or otherwise make available through this Website;
   2. your use of, or connection to, this Website; or
   3. your negligence or misconduct, breach of these Website Terms of Use or violation of any law or the rights of any person.

Registration and Account Security

5. The Company may make any parts of this Website accessible only to users who have registered.
6. Upon registration with this Website, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your account. The Company will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that the Company will be entitled to assume that any person using this Website with your username and password is you or your authorised representative.
7. You must notify the Company immediately of any known or suspected unauthorised use of any password or any other breach of security.
8. In order to register an account with this Website, you must agree to these Website Terms of Use and provide the Company with any information requested during the registration process. You must promptly update this information to maintain its accuracy at all times.
9. You represent and warrant to the Company that all information provided to the Company by you, including the information provided by you through the account registration module or entered into your account profile, is current, true and not misleading and does not violate any applicable law or regulation or any person’s intellectual property or other rights.
10. One person may not maintain more than one account with this Website. Accounts registered by “bots” or other automated methods are not permitted.
11. The Company reserves the right to accept or reject any application for registration of an account with this Website at its discretion.

Orders

12. By placing an order through this Website, you make an irrevocable offer to the Company to purchase the products/services that you have selected pursuant to these Website Terms of Use. Information contained in this Website constitutes an invitation to treat only. No information in this Website constitutes an offer by the Company to supply any products/services to you – however, the Company will endeavour to supply your selected products/services to you.
13. The Company may not commence processing any order made through this Website unless and until:
    1. payment for the order has been received in full; and
    2. the order has passed the Company’s internal validation procedures, which are undertaken in order to verify the bona fides of each order.
14. The Company reserves the right at the Company’s discretion to:
    1. at any time prior to your order being accepted in accordance with these Website Terms of Use, cancel all or part of your order; and
    2. at any time:
       1. refuse to provide products or services to you;
       2. terminate your access to this Website; and/or

• remove or edit any content on this Website.

15. Acceptance of each order will take place if and when the Company:
    1. in the case of physical items, sends the requested items to you, at the time at which the items are despatched by the Company, and title to, and risk in, the items will pass to you at that time; or
    2. in the case of services, either:
       1. provides the services to you, at the time at which the Company commences providing the services; or
       2. notifies you in writing that your order has been accepted, at the time at which such notification is sent by the Company.
    3. The Company reserves the right to change the prices for products/services displayed in this Website at any time before you place an order.
    4. Shipping costs will depend upon the location for delivery and the items purchased.
    5. Unless otherwise expressly stated, all amounts payable through your use of this Website are expressed to be exclusive of GST. For these purposes, the term “GST” has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Third party goods/services and websites

19. The Company does not recommend or endorse any third-party goods or services that are listed, advertised or referred to in this Website or the content of any third-party websites.
20. The Company is not responsible for the content of linked third party websites, websites framed within this Website or third-party advertisements and the Company does not make any representations, or provide any guarantees or warranties, regarding their content or accuracy.
21. These links may unintentionally connect with websites containing information that some users may find inappropriate or offensive. Your use of any third-party websites is at your own risk and subject to their respective terms and conditions of use.

Intellectual Property

22. In these Website Terms of Use, the term “Proprietary Content” means:
    1. this Website;
    2. all of the Website’s content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this Website, and the selection and arrangement thereof); and
    3. all software, systems and other information owned or used by the Company in connection with the products and services offered through this Website (whether hosted on the same server as this Website or otherwise).
23. All Proprietary Content is the property of the Company or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Website Terms of Use or with the prior written consent of the Company or other copyright owner (as applicable).
24. You may download and print out content from this Website only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.
25. The look and feel of this Website (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of the Company. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Company.

Disclaimer and Liability

26. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS WEBSITE AND ANY PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED THROUGH THIS WEBSITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
27. This Website is provided strictly on an “as is” basis. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this website or any of its content, and in particular do not represent, warrant or guarantee that:
    1. the use of this website will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
    2. the Website will meet your requirements or expectations;
    3. anything on this Website, or on any third-party website referred or linked to in this Website, is reliable, accurate, complete or up-to-date;
    4. the quality of any products, services, information or other material purchased or obtained through this Website will meet any particular requirements or expectations;
    5. errors or defects will be corrected; or
    6. this Website or the servers that make it available are free of viruses or other harmful components.
28. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this Website by you or any other person.
29. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company’s sole discretion):
    1. in the case of goods, to any of the following: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and
    2. in the case of services: the supply of the services again; or the payment of the cost of having the services supplied again.
30. You agree that your use of this Website is at your own discretion and risk. You agree to release the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this Website by you or any other person. The Company may plead this release as a bar and complete defence to any claims or proceedings.
31. To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, the Company excludes liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of the Company, and the Company shall be entitled to a reasonable extension of time for the performance of such obligations.

IP Addresses and Cookies

32. The Website may collect Internet Protocol (“IP”) addresses. IP addresses are assigned to computers on the internet to uniquely identify them within the global network. The Company collects and manages IP addresses as part of the service of providing internet session management and for security purposes. The Company may also collect and use web log, computer and connection information for security purposes and to help prevent and detect any misuse of, or fraudulent activities involving, the Website.
33. The Website uses “cookies” to help personalise your online experience. A cookie is a text file or a packet of information that is placed on your hard disk by a web page server to identify and interact more effectively with your computer. There are two types of cookies that may be used at this Website: a persistent cookie and a session cookie.
34. A persistent cookie is entered by your web browser into the “Cookies” folder on your computer and remains in that folder after you close your browser, and may be used by your browser on subsequent visits to this Website. A session cookie is held temporarily in your computer’s memory and disappears after you close your browser or shut down your computer.
35. Cookies cannot be used to run programs. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. In some cases, cookies may collect and store personal information about you. The Company extends the same privacy protection to your personal information, whether gathered via cookies or from other sources.
36. You can configure your internet browser to accept all cookies, reject all cookies or notify you when a cookie is sent. Please refer to your internet browser’s instructions to learn more about these functions. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of this Website.
37. This Website uses cookies in order to:
    1. remember your preferences for using this website;
    2. manage the signup process when you create an account;
    3. recognise you as logged in while you remain so. This avoids your having to log in again every time you visit a new page;
    4. facilitate e-commerce transactions, to ensure that your order is remembered between pages during the checkout process;
    5. show relevant notifications to you (e.g., notifications that are relevant only to users who have, or have not, created an account or subscribed to newsletters or email or other subscription services); and
    6. remember details of data that you choose to submit (e.g., through online contact forms).
38. Many of these cookies are removed or cleared when you log out, but some may remain so that your preferences are remembered for future sessions.

Prohibited Conduct

39. You must not:
    1. use any device, routine or software that interferes, or attempt to interfere, with the proper working of this Website;
    2. engage in any action that requires, or may require, an unreasonable or excessively large load on the Company’s infrastructure;
    3. use this Website to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
    4. use this Website to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
    5. use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this Website;
    6. use this Website by any automated means;
    7. use this Website to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
    8. access, retrieve or index any portion of this Website for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
    9. interfere with the display of any advertisements appearing on or in connection with this Website;
    10. reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this Website;
    11. reproduce, duplicate, copy or store any of the material appearing on this Website other than for your own personal and non-commercial use;
    12. falsely imply that any other website is associated with this Website;
    13. do anything that leads, or may lead, to a decrease in the value of the Company’s intellectual property rights in this Website;
    14. use or exploit any of the material appearing on this Website for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this Website;
    15. release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to the Company without the Company’s prior written consent; or
    16. use this Website to transmit any information or material that is, or may reasonably be considered to be:
        1. abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
        2. libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;

• infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;

1. in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
2. in breach of any person’s privacy or publicity rights;
3. a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);

• in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
• containing any political campaigning material, advertisements or solicitations; or

1. likely to bring the Company or any of its staff into disrepute.

General

40. In these Website Terms of Use, the following rules of interpretation apply:
    1. headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website Terms of Use;
    2. these Website Terms of Use may not be construed adversely against the Company solely because the Company prepared them;
    3. the singular includes the plural and vice-versa;
    4. a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
    5. the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.
41. The Company may provide any notification for the purposes of these Website Terms of Use by email and/or by adding the notification into your user control panel.
42. You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms of Use without the Company’s prior written consent. Your registration with this Website is personal to you and may not be sold or otherwise transferred to any other person.
43. The Company may assign, transfer or sub-contract any of its rights or obligations under these Website Terms of Use at any time without notice to you.
44. Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by the Company to act with respect to a breach by you or others does not waive the Company’s right to act with respect to that breach or any subsequent or similar breaches.
45. The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.
46. The Company reserves the right to amend these Website Terms of Use and any other policy on this Website at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this Website will mean you accept those amendments. The Company reserves the right, without notice and at the Company’s sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this Website or the products/services offered through this Website.
47. These Website Terms of Use will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.