Terms and conditions

WHAT PARTS OF THESE TERMS APPLY TO ME?

This agreement governs your use of Ribboncare Platform (Platform) and any other services made available through the Platform. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, Ribboncare PTY LTD 680 730 965 (Ribboncare, the Company, we or us).

The remainder of this agreement is divided into three parts:

Part A (All Users), which sets out terms that apply to all Users;
Part B (Customers), which sets out additional terms that apply to Customers, being individuals seeking medical care services.
Part C (Service Providers), which sets out additional terms that apply to Service Providers, being medical care providers; and.

If you intend to use the Platform as a Customer/Client, only Part A and Part B of these terms will apply to you.

If you intend to use the Platform as a Service Provider, only Part A and Part C of these terms will apply to you.

When we talk about the “Services” in this agreement, we are referring to the services available through our Platform and any associated services we offer.

MEDICAL EMERGENCIES

Ribboncare provides services for the purpose of securing a referral to a specialist practitioner and general information.

If you are suffering from an emergency or critical symptom/s including, but not limited to:

severe chest pain
heart attack
stroke
loss of consciousness
severe bleeding
breathing difficulty
loss of normal limb function
feeling unsteady or clumsy when walking
constant pain that has not changed in a 24 hour period
unexplained weight loss
suicidal ideation

then we will not be able to provide the care that you may require. If you are having any of these presentations, please seek immediate medical assistance by calling 000 in Australia, or contact your treating general practitioner or emergency department at a hospital.

If you are unsure if our Services are safe for you, please seek medical advice.

A. All Users
1. 1. ELIGIBILITY
  - (a) This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are either:
    - over the age of 18 years and accessing the Platform for personal use; or
    - accessing the Platform on behalf of someone under the age of 18 years old and consent to that person’s use of the Platform.
  - (b) Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Platform.
  - (c) If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
2. 2. ACCOUNTS
  1. (a) In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).
  2. b) As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by Ribboncare from time to time.
  3. (c) You warrant that any information you give to Ribboncare in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
  4. (d) Once you complete the Account registration process, Ribboncare may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
  5. (e) Ribboncare reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
  6. (f) Ribboncare may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.
3. 3. USER OBLIGATIONS
  As a User, you agree:
  1. (a) not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
  2. (b) to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Ribboncare of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
  3. (c) to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive services, including by not using the Platform:
    - in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and
    - in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Ribboncare;
  4. (d) not to act in any way that may harm the reputation of Ribboncare or associated or interested parties or do anything at all contrary to the interests of Ribboncare or the Platform;
  5. (e) not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of Ribboncare;
  6. (f) that Ribboncare may change any features of the Platform or Services offered through the Platform at any time without notice to you;
  7. (g) that information given to you through the Platform, by Ribboncare or another User including a Service Provider, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
  8. (h) that Ribboncare may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3.
4. 4. REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS
  To the maximum extent permitted by law, Ribboncare will have no liability or obligation to you if:
  1. (a) a Customer or Service Provider cancels at any time after the time for performance of the Service Listing is agreed; or
  2. b) for whatever reason, including technical faults, the services in a Service Listing cannot be performed or completed,
  To the maximum extent permitted by law, Ribboncare will have no liability or obligation to you if:
5. 5. IDENTITY VERIFICATION
  1. (a) (Verification) We may require Users to verify their details using our processes or an external identity verification service as applicable (Verification Service).
  2. (b) (Your personal information and privacy) We will collect your personal information in accordance with our Privacy Policy as set out in clause 14. Where a Verification Service is used, you acknowledge and agree that:
    - we may contact and share your personal information with a Verification Service to verify your details;
    - you consent to us receiving, sharing and using this information to enable us to carry out the Verification Service.
  3. (c) (Fees) We may charge non-refundable fees for the Verification Service, as set out on the Platform.
  4. (d) (Warranty and Indemnity) You acknowledge and agree that:
    - we are reliant on the information provided by the Verification Service to verify your identity and to the extent permitted by law, we disclaim all warranties that the Verification Service will be accurate or guarantee that the Verification Service will ensure you contract with a suitable User;
    - you should make your own inquiries as to other Users’ identities before engaging in contracts with those Users; and
    - we do not endorse any User, Service Listing or Verification Service.
6. 6. ONLINE PAYMENT PARTNER
  1. (a) We may use third-party online payment partners, currently Stripe and Paypal (Online Payment Partner), to collect payments on the Platform, including for our Services.
  2. (b) The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner. You can find these here https://stripe.com/au/legal/consumer.
  3. (c) You agree to release Ribboncare and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.
  4. (d) We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.
7. 7. SERVICE LIMITATIONS
  While we make every effort to ensure that the information on the Platform is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:
  1. (a) the Platform may have errors or defects (or both, as the case may be);
  2. (b) the Platform may not be accessible at times;
  3. (c) messages sent through the Platform may not be delivered promptly, or delivered at all;
  4. (d) information you receive or supply through the Platform may not be secure or confidential; and
  5. (d) any information provided through the Platform may not be accurate or true.
8. 8. INTELLECTUAL PROPERTY
  1. (a) Ribboncare retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
  2. (b) You may make a temporary electronic copy of all or part of the Service Content for the sole purpose of viewing it and adapting it for the purpose of providing or receiving the Services. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from Ribboncare or as permitted by law.
  3. (c) In this clause 8, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.
9. 9. THIRD PARTY CONTENT
  The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). Ribboncare accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
10. 10. THIRD PARTY TERMS SUPPLIERS
  1. (a) If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms).
  2. (b) Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Platform or otherwise set out in these terms), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Platform or any services related to Platform and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
  3. (c) You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we cannot provide you with the services associated with the Platform and you can stop using the Platform.
11. 11. SECURITY
  Ribboncare does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.
12. 12. DISCLAIMER
  1. (a) (Limitation of Liability) To the maximum extent permitted by law, the total liability of each party (being you, the User and us, Ribboncare) in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by you on the Platform in the 3 months preceding the date of the event giving rise to the relevant liability.
  2. (b) (Disclaimer) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
  3. (c) (Consumer Law) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
  4. (d) (Consequential Loss) To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by Ribboncare, except:
    - in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
    - to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).
13. 13. DISCLAIMER
  You agree that:
  1. (a) no information owned by Ribboncare, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
  2. (b) all communications involving the details of other users on this Platform and of the Service Provider are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.
14. 14. PRIVACY
  You agree to be bound by the clauses outlined in Ribboncare’s Privacy Policy, which can be accessed here.
15. 15. COLLECTION NOTICE
  1. (a) We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
  2. (b) Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.
16. 16. TERMINATION
  1. (a) Either Ribboncare or the User may terminate the User’s account at any time (including any listings, memberships or Accounts) for any reason.
  2. (b) Where the User has entered into the Terms in Part B in relation to Services, the rights and obligations under clause 12 of Part B will take precedence over this clause 18.
  3. (c) If a User wants to terminate their account (and/or any other membership they hold in connection with the Platform), they can do so by using the Platform’s functionality where available. Where such functionality is not available, Ribboncare will effect such termination within a reasonable time after receiving written notice from the User.
  4. (d) Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the Platform, the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.
17. 17. TAX
  You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and Ribboncare will not be held accountable in relation to any transactions between Customers and Service Providers where tax related misconduct has occurred.
18. 18. RECORD / AUDIT
  To the extent permitted by law, Ribboncare reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Ribboncare.
19. 19. NOTICES
  1. (a) A notice or other communication to a party under this agreement must be:
    - in writing and in English; and
    - delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
  2. (b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
    - 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
    - when replied to by the other party, whichever is earlier.

GENERAL

20.1. GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
20.2. WAIVER
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
20.3. SEVERANCE
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
20.4. JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
20.5. ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
20.6. COSTS
Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
20.7. ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
20.8. INTERPRETATION
1. (a) (singular and plural) words in the singular includes the plural (and vice versa);
2. (b) (gender) words indicating a gender includes the corresponding words of any other gender;
3. (c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
4. (d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
5. (e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
6. (f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
7. (g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
8. (h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
9. (i) (includes) the word “includes” and similar words in any form is not a word of limitation; and
10. (j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

B. Customers.

1. SERVICES
1. 1.1. services
  Details of all our Services are available on our Platform. Our Services are provided online (Telehealth Appointment).
2. 1.2. eligibility
  1. (a) By booking the Services via the Platform or otherwise engaging us to provide you with the Services, you:
    1. agree to be bound by these terms;
    2. agree that you are authorised to use the credit or debit card to purchase the Services, where applicable;
    3. represent and warrant that you are either:
  2. (b) If you are using the Services and are under the age of 18 you must have the consent of your parent and/or legal guardian in order to receive the Services.
  3. (c) If you are a parent and/or legal guardian accessing the Services on behalf of someone under the age of 18, you represent and warrant that:
    1. the person does not have the capacity to access the Services on their own; or
    2. if they do have the capacity to do so, that you have their consent to access the Services on their behalf and to share their personal and health information with us.
3. 2. Booking an Appointment
  1. (a) To engage us to perform the Services, you must book an appointment with us via the Platform (Booking Request).
  2. (b) Submitting a Booking Request for an Appointment constitutes your intention and offer to enter into a contract, where we will provide you with the Services you have ordered in exchange for your payment of the total amount displayed when submitting the Booking Request (Fee). A contract for these Services is not formed until you receive an email from us confirming that your order is being processed.
4. 3. Booking policy
  1. (a) After making a Booking Request, you will be sent an email confirming your Appointment details, as well as a reminder for your Appointment 48 hours in advance via email and text.
  2. (b) You will be required to pay the Fees at the time of your Booking Request, you must pay the Fees within 48 hours of this time or your Appointment will be cancelled.
5. 4. attending your Appointment
  1. 4.1. telehealth Appointment
    1. (a) If the Services are provided in real time online, they will be delivered electronically and accessed via the third-party app we use from time to time (App).
    2. (b) There will be no additional fees payable to us for using the App, other than any fee applicable to downloading any applications from any app store.
    3. (c) The App we use is a third-party app and is subject to additional terms and conditions. By using the App you will be bound by this clause and the Third Party Terms in clause 8.
    4. (d) The App is powered by a third-party platform and the terms and conditions of that third party may apply to your use of the App to the extent applicable to you.
    5. (e) To the maximum extent permitted under applicable law and our agreement with our app provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the App or any issues experienced in using the App including downtime and the App not functioning adequately.
    6. (f) You agree that it is your responsibility to check that the computer and internet service being used to access the Services is adequate to access the Telehealth Appointment.
    7. (g) We will not be liable to you if the Services may not be provided as a result of any technical issues including but not limited to:
      1. the operation of the internet, including but not limited to viruses;
      2. any firewall restrictions that have been placed on your network or the computer you are using to access the Telehealth Appointment;
      3. failures of telecommunications links and equipment; and
      4. software and browser incompatibility.
  2. 4.2. rescheduling, cancelling an appointment and no-shows
    1. (a) If you cannot attend an Appointment, we ask that you please give us at least 5 business days’ notice. If you provide at least 5 business days’ notice to cancel an Appointment, you will not be charged a cancellation fee and your initial Fees will be refunded in full.
    2. (b) If you cancel an Appointment less than 5 business days before the Appointment time, you will be:
      1. required to pay the total Fees of the Appointment; and
      2. required to pay any expenses incurred by us, including for any travel related fees.
    3. (c) Where you are unable to attend an Appointment and you do not provide us with any notice, or where you arrive to an Appointment more than 15 minutes after the scheduled start time, we reserve the right to cancel your appointment and to the maximum extend permitted under applicable law, your Fees will be non-refundable.
6. 5. your obligations
  1. 5.1. PROVIDE INFORMATION AND LIAISON
    1. (a) You must provide us with all documents, information and assistance reasonably required by us to perform the Services.
    2. (b) You agree to attend any scheduled Appointments. If you cannot attend any scheduled Appointments you must give us the required notice as outlined above in clause 4.
    3. (c) As part of your Appointment and in the lead up to your Appointment, you may be required to provide us with relevant personal information and health information. All of this information will be stored in accordance with clause 7 of this agreement and while you are not required to provide this information, withholding such information will impact the Services and our ability to provide the Services to you.
    4. (d) You agree that in order for us to provide the Services, any information you provide to us as a part of the Services should be true and correct and you acknowledge that your breach of this clause may negatively impact our ability to provide you with the Services.
    5. (e) Where you choose not to provide your personal and health information, we may not be able to provide the Services to you and reserve the right to refuse to provide the Services to you.
    6. (f) Where you have booked an Appointment and subsequently decide not to provide your personal or health information, we may cancel the Appointment and any Fees paid will, to the maximum extent allowed by any applicable law, not be refundable.
  2. 5.2. COMMUNICATION AND ACCESS
    1. (a) Where the Services are being provided via a Telehealth Appointment, you must ensure that you have access to a computer and a stable internet connection to be able to receive the Services.
    2. (b) Irrespective of whether the Services are being provided via a Telehealth Appointment or In Person Appointment, you must ensure that you arrive to the scheduled Appointment on-time. You acknowledge and agree that we may not be able to adjust our appointment times if you are late, so you will not be provided any additional time.
  3. 5.3. COMPLIANCE WITH LAWS
    You warrant that by receiving or requesting the Services, or during receiving or requesting the Services, you will not:
    1. (a) breach any applicable laws, rules and regulations (including any applicable privacy laws and any relevant industry codes) (Laws);
    2. (b) do anything which may cause Lionheart Clinic to breach any Law;
    3. (c) breach the direction of any government department or authority; or
    4. (d) infringe the Intellectual Property Rights or other rights of any third party or breach any duty of confidentiality.
7. 6. fees and PAYMENT
  1. 6.1. fees
    1. (a) You must pay any fees in the amounts and at the times set out on our Platform or as otherwise agreed in writing with you (Fees).
    2. (b) All of our Fees are payable up front, prior the date of your Appointment.
    3. (c) The Fees are calculated to represent the whole of this time-frame, however, where the Clinician determines that it is not necessary to use all of the allotted time, you may receive a refund based on the length of your Appointment.
  2. 6.2. Payment
    1. (a) Unless otherwise agreed in writing:
      - if we issue an invoice to you, payment must be made by the time specified in such invoice; and
      - in all other circumstances, you must pay for all Services on Lionheart Clinic providing you with the Services.
    2. (b) (GST) Unless otherwise indicated, amounts stated on the Platform include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice to you.
    3. (c) (Card surcharges) We reserve the right to charge credit card surcharges in the event that payment of the Fees are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
    4. (d) (Card withholding) We reserve the right to withhold your credit card payment details via our Payment Providers for the purposes of charging you the Fees for our Services. Where we withhold these details, the details will be stored on the Payment Provider’s platform and will not be visible to us directly.
    5. (e) (Late payment) If you fail to pay any amounts due to us under an invoice by the specified due date, we retain the right, without limiting any other rights under these terms, to charge you interest at a rate of 10% per annum on the outstanding amount. However, before applying this interest, we will provide you with a written notice giving an additional 7 days to complete the payment. If payment is still not received by the end of this 7-day grace period, interest will accrue from the expiration of that period until the date the full payment is received by us.
    6. (f) (Refunds) Given the nature of the services, we generally don't offer refunds for Services and any refunds we issue will be solely at our discretion. Please let us know if you have any issues with our Services that you think should entitle you to a refund and we'll consider your situation.
8. 7. COLLECTION NOTICE AND PRIVACY
  1. (a) We may collect personal and health information about you in the course of providing you with our Services, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
  2. (b) We take our privacy responsibility seriously and ensure that we adhere to the Australian Privacy Principles and our other obligations at all times when handling your personal or health information.
  3. (c) Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.
  4. (d) By agreeing to these terms, you agree to be bound by the clauses outlined in our Privacy Policy.
9. 8. CONFIDENTIALITY
  1. 1. Except as contemplated by this agreement, we will not permit any of our officers, employees, agents, contractors or related companies to use or to disclose to any person any information of or provided by you to us during an Appointment or in connection with our Services that is by its nature confidential information, is designated by you to be confidential, or that ought to be understood as being confidential.
  2. 2. This clause does not apply to:
    1. (a) information which is generally available to the public (other than as a result of a breach of these terms or another obligation of confidence);
    2. (b) information disclosed or provided to a third party with your consent;
    3. (c) information disclosed where failure to do so may put you or another person at serious risk;
    4. (d) information required to be disclosed by any law; or
    5. (e) information disclosed by us to our employees, cloud storage providers or agents for the purposes of performing the Services or our obligations under this agreement.
10. 9. WARRANTIES
  1. (a) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
  2. (b) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Client may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
11. 10. no guaranteed outcome
  The Services do not guarantee any particular outcome and are intended for us to assess whether a referral to a specialist practitioner will be appropriate and/or required. We do not represent or warrant that the Services include a referral or that a referral will always be the outcome of any Services we provide.
12. 11. LIABILITY
  1. 11.1. LIABILITY
    1. (a) To the maximum extent permitted by law and subject to clause 11.1(b), the total liability of each party in respect of loss or damage sustained by the other party in connection with the Services is limited to the value of the Fees paid for the Services.
    2. (b) Clause 11.1(a)does not apply to your liability in respect of loss or damage sustained by us arising from your breach of clause 5.3.
  2. 11.2. CONSEQUENTIAL LOSS
    To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by us, except:
    1. (a) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
    2. (b) to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).
13. 12. DISPUTE RESOLUTION
  1. (a) A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
  2. (b) A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
  3. (c) Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
14. 13. TERMINATION
  1. 13.1 TERMINATION FOR CONVENIENCE
    Either party may terminate these Terms for convenience by providing 10 Business Days’ notice to the other party.
  2. 13.2 TERMINATION FOR BREACH
    1. (a) Either party may terminate this agreement immediately by written notice if there has been a Breach of this agreement.
    2. (b) A “Breach” of this agreement means:
      - a party considers the other party is in breach of this agreement and notifies that other party;
      - the other party is given 10 Business Days to rectify the breach; and
      - the breach has not been rectified within 10 Business Days or another period agreed between the parties in writing.
  3. 13.3 EFFECT OF TERMINATION
    Upon termination of this agreement:
    1. (a) any Fees paid are non-refundable;
    2. (b) each party must comply with all obligations that are by their nature intended to survive the end of this agreement; and
    3. (c) each party must stop using any materials that are no longer owned by, or licensed to, them when this agreement is terminated.

C. Service Providers

1. customer data and qualificatons
1. (a) You must verify that any Customer is over 18 years old or has their parent or guardian’s consent to use the Platform before uploading that Customer’s information to the Platform.
2. (b) You warrant that where you upload any Customer data or personal information to the Platform, you have obtained that Customer’s unambiguous consent.
3. (c) You acknowledge and agree that you will comply with any applicable privacy law, including but not limited to the Privacy Act 1980 (Cth) in uploading any data to the Platform.
4. (d) If anywhere on your Account or in using the Platform you hold yourself out to possess certain qualifications (Qualifications), you warrant to Ribboncare that you do hold such Qualifications and if requested, will promptly provide Ribboncare with evidence of the Qualifications.
2. Liability
1. 2.1. Liability
  1. (a) To the maximum extent permitted by law and subject to clause 2.1(b), the total liability of each party in respect of loss or damage sustained by the other party in connection with the Services is limited to the value of the Fees paid for the Services.
  2. (b) Clause 2.1(a) does not apply to your liability in respect of loss or damage sustained by us arising from your breach of the above clause 1.
2. 2.2. CONSEQUENTIAL LOSS
  To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by us, except:
  1. (a) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
  2. (b) to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).