Terms of Use

The terms of use which govern your use of the Zable.com.au platform, including the www.zable.com.au website, mobile site, apps and our other websites (together the “Platform”) are set out below. If you browse or otherwise access any content or information on the Platform, you agree to be bound by these terms of use and our Privacy Policy

The Platform is provided by Zable Health Pty Ltd (ABN: 26 641 519 904) (“Zables Health”, “we”, “us” and “our”) to users of the Platform (“you” and “your”).

Through the Platform we provide an information and booking service for people who are searching for health professionals and related services online and in specific geographical areas (the “Services”).

The Platform sources information about practices, physicians, doctors, and other health professionals that provide medical and health related services in Australia (“Practices”) and the services offered by those Practices.

These terms of use and our Privacy Policy form the basis on which you may access and use the Platform.

We grant you access to the Platform on the basis that you will comply with our terms of use at all times. By using the Platform you are accepting our terms of use, and by accepting our terms of use, we grant you a limited, non-exclusive and revocable licence to access and use the Platform.

We display information relating to Practices and medical content on the Platform. We are not responsible for the accuracy and completeness of the information in respect of Practices on the Platform. Information relating to a Practice may be edited by us for marketing purposes from time to time.

Information and medical content on the Platform should not be regarded as a substitute for independent professional advice from a qualified healthcare professional. By accessing, viewing or using our platform you acknowledge that you will not rely on any of its information and medical content but will treat the information and medical content as being of a general nature.

We do not independently verify the information displayed about each Practice and we make no promise about the accuracy of the information displayed or the benefit to be derived from using such information. Users need to take this into account when forming their own view on whether to engage the services of a Practice.

We are not responsible for any communication, interaction or relationship between you, a Practice or any other users of the Platform, whether or not it occurs on the Platform or by another means.

You permit us to share information you submit to the Platform with the Practices as part of us providing Services to you. This is to enable you to connect with a Practice and enjoy the benefit of the services available on the Platform.

We do not charge patients a fee for the use of the services the Platform provides.

You warrant that:

• you are at least 18 years old;

• the details you provide to us about yourself are true, accurate and complete;

• if you submit information to the platform about someone other than yourself, you have that person's consent to you providing that information;

• you will comply with any terms, conditions and policies published by us on the Platform.

You must not:

• impersonate others;

• misrepresent your affiliation with others;

• post reviews or commentary to promulgate deceptive or offensive or extreme opinions or any other illegal, malicious or deceptive activities;

• use any automated device, software or process to access, retrieve, scrape or index our platform or any content on our platform;

• interrupt or attempt to negatively impact, interfere or alter the operation of the Platform in any way;

• use the Platform in a way that violates applicable laws, that violates the intellectual property rights or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory;

• licence, sell, rent, lease, transfer, assign or otherwise commercially exploit, or otherwise make the Platform available to any third party; or

• reverse engineer, decompile or disassemble the Platform or use the Platform to develop a solution that is the same or substantially similar to the Platform;

• undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion, to be unreasonable or disproportionate site usage

• licence, sell, rent, lease, transfer, assign or otherwise commercially exploit, or otherwise make the Platform available to any third party; or

• modify, reproduce, display, republish, distribute, copy, transmit, perform, licence, create derivative works from, transfer, or sell or resell any information, content, software, or materials made available through the Platform, except as expressly authorised by us.

The Platform contains content provided to us and contains links to third party websites. Those third party websites do not form part of the Platform. We are not responsible for, and make no representations, either expressly or impliedly, concerning third party content contained on our platform or any linked third party website, and the conduct and privacy practices of the third parties.

We have no control over or responsibility for anything on those websites, including medical or clinical information.

Any link to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products or services which they provide.

We do not warrant that content, links or functionality on the Platform will be available and accessible to you at all times. We will, to the best of our ability, ensure the Platform is available for access at all times but are not responsible if you are not able to access the Platform as a result of: (i) us undertaking preventative or remedial maintenance, or (ii) as a result of any circumstances beyond our control.

While we take all due care in providing the Platform, we do not make any representation and do not provide any specific warranty, either express or implied, including without limitation warranties of merchantability or fitness for a particular purpose except as we are required to by the Australian Consumer Law. We make no representation nor warranty, and assume no legal liability or responsibility, that the information and content on the Platform is accurate, complete, up-to-date or appropriate. Content contained on the Platform is not intended to be used to diagnose, treat, cure or prevent any medical condition, disease or therapeutic services.

We take all due care in ensuring that the Platform is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your device which arises in connection with your use of the Platform or any linked websites.

You acknowledge and agree that Zable Health disclaims all and any guarantees, undertakings and warranties, expressed or implied, in the provision of the Services and is not liable for any loss or damage whatsoever (including personal injury or property damage, negligence or otherwise, incidental or consequential loss or damage) arising out of, or in connection with the Services, to the fullest extent permitted by law.

Where we cannot exclude such liability under the Competition and Consumer Act 2010 (Cth), our liability to you will be limited to: 1) if the breach relates to goods, the replacement or repair the goods or 2) if the breach relates to services, the supply of those services or the payment of the cost of those services supplied again.

You hereby release, discharge and hold harmless Zable Health from all actions, proceedings, claims or liabilities brought against or made upon Zable Health by you arising directly or indirectly with the provision of the Services, whether in contract, tort (including negligence), breach of statutory duty or otherwise, irrespective of any negligence on the part of Zable Health. For the avoidance of doubt, this release extends to all directors, officers, employees, contractors, agents, representatives, licensees or permitted assigns of Zable Health.

We exclude liability for any of these things incurred (directly or indirectly) by you: loss of revenue, loss of earnings, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, Consequential Loss or special loss, cost, damage or expense of whatever nature (whether direct, indirect, incidental, consequential or otherwise).

You acknowledge that the use of the Platform is entirely at your own risk. You specifically assume the risk of injury or harm arising from use of the Platform.

We do not exclude or restrict our liability for any matter which it would be unlawful for us to exclude or attempt to exclude our liability.

We are not responsible for:

• any injury (whether physical or mental), loss or damage incurred, directly or indirectly, that occurs from use of, or reliance on, the information and content on the Platform whether arising from negligence or otherwise ; or

• any loss of property that occurs while you are using the Platform.

To the full extent permitted by the law, our liability to you for any cause of action whatsoever and regardless of the form of the action, will at all times be limited to AUD$1.

We accept no liability for any loss caused in whole, or in part, by your misuse of the Platform.

You indemnify us against claims, actions, proceedings, losses, damages, expenses and costs asserted in respect of or awarded against us, in respect of your use of the Platform or the act or omission of a Practice.

For the purposes of this section Consequential Loss means loss of revenue, loss of earnings, loss of anticipated savings or business, pure economic loss, loss of data, loss of value of equipment (other than the cost of repair), loss of opportunity or expectation loss and any other form of consequential, special, indirect, punitive or exemplary loss or damages.

The security of the Platform and protecting the privacy of our users is very important to us. You must not do anything to prejudice the security or privacy of the Platform and the information contained on and within the Platform.

When you visit and use the Platform, we may collect information about you, via tracking technologies such as cookies and other web analytics tools, that does not personally identify you (“Data”) relating to your activities on the Platform.

You grant to us a perpetual, worldwide, non-exclusive, transferable licence to enable us to use the Data to provide the Platform, improve the Platform functions, share the Data with third-parties and for our own records.

We may make the Data available to other companies, organisations or individuals to use on a de-identifiable basis. No compensation will be paid to you with respect to the Data.

By using the Platform, you acknowledge and agree that:

• you provide us with certain information about yourself (including information about your health). To the extent that this information is Personal Information (as defined in the Privacy Act 1988 (Cth)) we will handle and store this information in accordance with our Privacy Policy, as amended from time to time. By providing any Personable Information to us via the Platform, you agree to us handling that Personal Information as described in our Privacy Policy;

• we may share your Personal Information with any Practice or health professional authorised by you, or with whom you request a booking, or otherwise communicate, with via the Platform;

• the Practice you request a booking with, or otherwise communicate with, via the Platform may have its own policy governing access to this information, and our Privacy Policy does not govern, and we make no representations in relation to, how the Practice or health professional handles your Personal Information, and you should direct any such enquiries to them directly;

• any consent given by you through the platform relating to your Personal Information is valid and binding unless and until revoked by you, and a Practice or health professional may rely on a consent given through the Platform without any need to further verify that consent;

• we may contact you by telephone, send you email, text messages and push notifications or alerts, on behalf of us or a Practice, for the purposes of confirming your booking, providing appointment reminders, gaining feedback and related matters.

The internet is an insecure public network and transmissions may be viewed, intercepted or interfered with by third parties. To the extent permitted by law, we accept no responsibility or liability for interference with transmissions or any consequential loss or liability caused to you. We will do all things reasonable to ensure that the transmission of Personal Information occurs according to accepted industry standards, however you accept that the internet is not a fully secure environment. We do not accept responsibility for misuse or loss of Personal Information where the security of the Personal Information is not within our control, to the extent permitted by law.

If you provide Personal Information or other information about someone other than yourself to the platform, you warrant that you have that person’s consent to you providing that information (including the Personal Information) to us for the purpose specified.

You should only submit personal Information on the platform that you are comfortable sharing with others in accordance with these terms of use and our Privacy Policy. If you provide Personal Information to us via the internet, you do so accepting the risk. If you suspect any misuse or loss of, or unauthorised access to or disclosure of, Personal Information in connection with the platform, you must let us know immediately.

Copyright in all content contained on Platform is protected by the Copyright Act 1968 (Cth) and unless otherwise stated is owned by us or used by us under licence. The compilation of all such content is the exclusive property of Zable Health Pty Ltd and is protected by copyright law.

“Zable”, “Zable Health” and all related graphics, photographs, images, logos and product and service names are trademarks (including unregistered trademarks) of Zable Health. These trademarks, logos and other proprietary graphics may not be used in connection with any other product or service without our express written consent.

You acknowledge that any intellectual property rights (including graphics, logos, design, or icons) relating to or appearing on the Platform remain the property of us and/or our licensors.

We reserve the right to suspend or terminate your right to use the Platform if, at any time, you breach these terms of use.

We reserve the right to monitor your use of the Platform, through cookies and other means, for the purpose of:

• enabling us to understand the way users navigate the Platform and use the services available on it

• improve the experience of users using the Platform

• ensuring that the Platform is functioning as we intended

• ensuring that users are complying with these terms of use.

We may contact you, by email or phone number if provided by you, to obtain your feedback on your experience using the Platform or a Practice.

If you wish to make any comments about the Platform or your experience with a Practice, we encourage you to provide us feedback by contacting us by email at team@zable.com.au.

We may change these terms of use at any time by publishing the new terms or conditions on our platform. If you access the Platform following any amendment to these terms of use you will be taken to have accepted those terms and agreed to comply with the terms of use as changed. If you do not agree with changes to the terms of use, you can choose to no longer access the Platform.

Any notice we send to you will be emailed to the email address that you provide to us if you create an account on the Platform.

If any provision in these terms of use or our Privacy Policy is invalid under any law, the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms of use or our Privacy Policy and the remaining provisions will remain in full force and effect.

These terms of use are to be governed by and construed in accordance with the laws of New South Wales and any claim made which in any way arises out of these terms of use will be heard in New South Wales. By using the Platform, you agree irrevocably and unconditionally to submit to the jurisdiction of the courts in New South Wales.