Terms and Conditions

TERMS AND CONDITIONS

These Terms of Use apply to the online Natural Health Consulting system website at HealthyChefeClinic.com and associated services from the website, collectively referred in these Terms of Use as the 'Online Services'. These Terms of Use also apply to:

(a)       the use of the Online Services;

(b)       access to the Online Services from third party websites; or

(c)       the content or materials contained in the Online Services, accessed via links from the Online Services or that we provide to you via email or mobile, including health information, publications, fact sheets, news and alerts (Information).

In these Terms of Use, use of the terms ‘we’, ‘us’ and ‘our’ refers to eHealth & Wellbeing Pty Ltd (ABN 50 627 206 491) and its employees, agents and contractors, and the terms ‘you’ and ‘your’ refer to the user or viewer of the Online Services or the user of Information.

The Online Services are hosted under The Healthy Chef’s domain name and operated by eHeath & Wellbeing Pty Ltd which is a related entity of The Healthy Chef Pty Ltd (ACN 119 224 654).

1.         Deemed Acceptance

1.1      These Terms of Use are legally binding upon you and us. By accessing or using the Online Services (including Information), you are deemed to accept these Terms of Use which together with our Privacy Policy govern our relationship with you by accessing or using the Online Services.

1.2      We may change the content of the Online Services, Information, these Terms of Use or our Privacy Policy at our discretion and without notice. By continuing to use the Online Services, you accept these Terms of Use as they apply from time to time.

1.3      Your use of the Online Services and any dispute arising out of such use of the Online Services is subject to the laws of New South Wales.

IMPORTANT INFORMATION

THE ONLINE SERVICES ARE NOT INTENDED FOR USE IN EMERGENCY SITUATIONS. IF YOU ARE SUFFERING AN ACUTE ILLNESS OR EMERGENCY CONDITION, CALL TRIPLE ZERO (000) IMMEDIATELY AND ASK FOR AN AMBULANCE.

2.         Eligibility / Online Consultation

To be eligible to access and use the Online Services, you must: 

(a)       be an Australian citizen or reside in Australia;

(b)       be at least 18 years old or have a parent or legal guardian present while using the Online Services;

(c)       only access and use the Online Services in relation to yourself (that is, where you are the relevant patient), your dependent child or person for whom you are legally responsible in relation to that person’s medical affairs; and

(d)       register to use the Online Services in accordance with our registration process.

3.         Acknowledgement

In using our Online Services, you acknowledge and agree that:

(a)       as part of the registration and booking process, you will be required to provide certain information about yourself to enable us to verify your identity and eligibility for the Online Services. This information must belong to you and be true, accurate, complete and up to date, and by registering, you warrant to us that this is the case. If any of the registration information changes then you must promptly notify us of those changes;

(b)       the relationship between you (as patient) and the natural health practitioner, in relation to an online consultation is directly with one another. Our role in relation to an online consultation is limited to the provision of an electronic medium through which you (as patient) and the natural health practitioner can interact with each other;

(c)       the natural health practitioners are not our employees, representatives or agents;

(d)       the natural health practitioners are also not employees, representative or agents for The Healthy Chef brand;

(e)       we do not guarantee the information and advice provided by the natural health practitioners are always accurate, error or defect-free, uninterrupted or reliable, or that they will meet your health or medical requirements;

(f)        we make no representations or warranties as to the timeliness, accuracy, suitability, quality, speed or completeness of any information, content, products or services available via the Online Services;

(g)       the Online Services are intended to facilitate communication between you (as patient) and the natural health practitioner and are not intended to be used for primary record keeping. The natural health practitioners are encouraged to keep their own records; and

(h)       you agree to comply with any of our reasonable instructions, directions, policies or procedures regarding use of the Online Services which may be varied from time to time by us.

4.         Bookings

4.1      When you have completed the registration process, you may request a booking, via our booking portal, for an online consultation with one of the natural health practitioners. We aim, but do not guarantee, booking times, even when these are confirmed to you.

4.2      A booking will be for a window of time of your own choice and on an agreed day during which your preferred natural health practitioner will call you for a video call or web chat. You must ensure that you are available and answer the call during the booking window or return the call immediately if it goes to voicemail.

5.         Fees and Cancellations

5.1      To secure a booking for an online consultation, you must pay the applicable fee depending on the type of consultation you have selected at the time of booking. The fee for an online consultation is available on our website and may be varied from time to time. Payment may be made via credit card or PayPal.

5.2      You may cancel or reschedule an appointment for an online consultation by accessing the booking portal. You will be entitled to a full refund if the cancellation is made at least 24 hours prior to the time of the appointment. If you do not answer the natural health practitioner’s call, or return the call during the booking window, you will forfeit the booking for the online consultation and the consultation fee already paid.

5.3      You may incur additional fees and expenses for health and nutritional products, and laboratory tests or medical tests as recommended by the natural health practitioner. These fees and expenses are not included in the online consultation fee. All laboratory tests, except blood test, may be performed at the comfort of your own home with laboratory test kits posted to you anywhere in Australia. Blood tests referral may be obtained through either your GP or local general pathology company.

5.4      Please note you may not be entitled to any rebate under either Medicare or private health insurance. We suggest you contact Medicare or private health insurer to discuss.

6.         Nature of Consultation

6.1      The Online Services offer an online platform where consultations may be conducted between patients and the natural health practitioner by telephone and in most cases, video consultations. Not every online consultation is appropriate for telephone or video consultation, and each consultation will be assessed on a case by case basis.

6.2      Prior to your appointment, you may need to complete a health questionnaire and provide certain information about yourself, including your health records and food diary, to assist your natural health practitioner to assess your conditions.

6.3      The first online consultation may not achieve everything that is needed and it may be necessary for you to book and attend one or more follow-up online consultations. You may elect to cease an online consultation at any time, including during an online consultation.

6.4      Any Information on or accessed via the Online Services and any information the natural health practitioners provide to you (by whatever means of communication) is not intended to be a substitute for medical advice, diagnosis and treatment, or to cure or prevent disease.

7.         Online Services / Video calls

7.1.     If you use our video call or web chat facilities through the Online Services, you must not:

(a)       attempt to record the video or audio of your video call or take screenshots or copies of images of your video call;

(b)       abuse, intimidate, threaten or otherwise violate those using or delivering the video call service; and/or

(c)       engage in behaviour that is pornographic, violent, discriminatory or otherwise offensive.

7.2.     We reserve the right to terminate your video call if you fail to comply with our Terms of Use. We also reserve the right to continue the call but cease the camera operation, if our health practitioner considers it to be appropriate in the circumstances.

8.         General Disclaimer

8.1      The Information contained in, or accessed through, the Online Services (e.g. via video calls or the web chat) is for your general information and use only and is not intended to be used as medical advice. Information provided through the Online Services may be used to assist you to manage non-acute medical conditions and locate medical assistance. The Information and any other Information provided is not a substitute for independent professional advice and should not be used as an alternative to professional healthcare.

8.2      If you have a particular medical problem, please consult a healthcare professional. You should also not disregard professional advice, or delay seeking it, because of any Information contained on the Online Services, including any results provided (e.g. as part of the Online Services) or any Information that you have agreed to receive directly from us or as a result of any advice received through the Online Services.

9.         Disclaimer of Warranties

9.1      While the Information is subject to our quality assurances processes, the Information is also subject to experience and reasonable differences in opinions among our natural health practitioners, unique aspects of individual situations and the possibility of human error in preparing the Information. No representation or warranty (express or implied) is made as to the currency, completeness, accuracy, reliability, suitability, and / or availability of the Information. In addition, no representation or warranty (express or implied) is made that the Information will meet your health or medical requirements.

9.2      The general health and nutritional information provided by the natural health practitioner will differ based on the circumstances of each individual. You should exercise your own caution and judgment with respect to your use of the Online Services, and you should carefully evaluate the currency, completeness, accuracy, reliability, suitability and relevance of the available Information.

10.      Disclaimer of liability

10.1    You acknowledge that your use of any Information or materials on the Online Services is entirely at your own risk and that the Information may contain inaccuracies or errors.

10.2    To the maximum extent permitted by law, we expressly disclaim all liability (including for negligence) for any loss, damage, injury, expense or costs incurred by you arising out of accessing, downloading, using or relying on any of the Information or the Online Services including, but not limited to, in circumstances where:

(a)       you receive incorrect or inappropriate advice;

(b)       the Online Services or Information are used for a purpose for which they were not intended;

(c)       the Online Services or Information contain errors, omissions or inaccuracies;

(d)       you are unable to obtain consistent, reliable and uninterrupted access to our Online Services;

(e)       you rely on an interpretation or opinion stated in, or which may be inferred from, the Online Services or the Information;

(f)        there is delay or failure to receive Information from us that you may have subscribed to; or

(g)       inaccurate information is available from any websites accessed via a link on the Online Services.

10.3    To the extent permitted by law, our liability for failure to comply with consumer guarantees required by the Australian Consumer Law is limited to the re-supply of services or the payment of the cost of having the services re-supplied.

11.      Information concerning HEALTH PRODUCTS and SUPPLEMENTS

11.1    Information provided via the Online Services or available from the Online Services concerning health products, nutritional products and supplements, and other therapeutic products (Products) are provided for the limited purpose of general information for the safe and effective use of the Products in accordance with the advice you receive from the natural health practitioner and is not intended to be used as medical advice, diagnosis and treatment, and should not be relied on to manage or diagnose a medical condition.

11.2    Information made available via the Online Services, including product information on the Products, may have been written by third parties and such information has not been independently verified by us.

12.      Termination 

12.1.   We reserve the right to decline, suspend or terminate your access to the Online Services, at any time for any reason, including for a breach of these Terms of Use by you or for our own business reasons. If this occurs, you will no longer be able to access some or all of the Online Services, as determined by us.

12.2.   Where we terminate your registration or any of the Online Services for a breach of these Terms of Use by you, we will have no liability to you. Where we terminate your Online Services registration for our own business reasons, we will refund you any prepaid online consultations which you have not used. To the extent permitted by law, you will not otherwise be entitled to a refund of any prepaid online consultations.

13.      Limitation of Liability

We will not be liable to you (whether under the law of the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the Online Services:

(a)       for any indirect, special or consequential loss; or

(b)       for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

14.      Indemnity

You agree to indemnify eHealth & Wellbeing Pty Ltd and keep eHealth & Wellbeing Pty Ltd indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by eHealth & Wellbeing Pty Ltd to a third party in settlement of a claim or dispute on the advice of eHealth & Wellbeing Pty Ltd’s legal advisers) incurred or suffered by eHealth & Wellbeing Pty Ltd arising out of any breach by you of any provision of these Terms of Use, or arising out of any claim that you have breached any provision in these Terms of Use.


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