Customer Agreement

Please carefully review and acknowledge these Terms of Service (Terms).

YOU ARE REQUIRED TO ACCEPT THESE TERMS EVERY TIME YOU UTILIZE SERVICES VIA THE AUSSIE SCRIPTS PLATFORM. AUSSIE SCRIPTS HOLDS THE RIGHT TO MODIFY THESE TERMS AT ANY POINT AND MAY HALT OR CEASE YOUR PLATFORM ACCESS AND/OR SERVICES RENDERED BY AUSSIE SCRIPTS WITHOUT PRIOR NOTICE.

1. Terms coverage

1. These Terms delineate the framework through which Aussie Scripts ABN 30623973777 (Aussie Scripts) provides you access to:

a. the arrangement of telehealth consultations with Aussie Scripts Partner Doctors; and
b. following a digital or telehealth consultation with an Aussie Scripts Partner Doctor, as deemed clinically appropriate:

2. Emergency situations

The Services available on the Platform are not suitable for emergency scenarios. In case of an emergency or urgent need for immediate aid, kindly contact 000 or your local hospital emergency department.

3. Your account and platform usage

1. The utilization of Services on the Platform is restricted to individuals who:
a. are residents of Australia (i.e., possess a valid Australian address);
b. access Services within Australia; and
c. either:

4. Services

1. In availing Services through the Platform, it is imperative to furnish honest, precise, and comprehensive information, ensuring no omission of any relevant information essential to the Services. Failure to provide accurate details or omit pertinent information may impede you from reaping the full benefits of the Services.
2. Your adherence to these Terms enables you to request a Telehealth Consultation or partake in either a Telehealth Consultation or Digital Consultation via the Platform as needed.
3. Aussie Scripts Partner Doctors are exclusively accessible during the specified hours published on the website, subject to periodic updates. Consultations with an Aussie Scripts Partner Doctor beyond these operating hours may not be feasible.
4. There may arise situations where consulting with an Aussie Scripts Partner Doctor becomes necessary during or post your completion of a Digital Consultation. Furthermore, you have the option to seek consultation with an Aussie Scripts Partner Doctor during a Digital Consultation, thereby necessitating a Telehealth Consultation request.
5. Aussie Scripts Partner Doctors operate independently of Aussie Scripts and bear sole responsibility for the healthcare services provided to you, encompassing adherence to care standards, record-keeping, professional obligations, and privacy law compliance. Aussie Scripts maintains no involvement or liability in the health professional-patient relationship between you and an Aussie Scripts Partner Doctor, nor in the provision of services by the said Partner Doctor.
6. Aussie Scripts does not provide assurance that a Telehealth Consultation or Digital Consultation represents the appropriate treatment path for your specific health condition. The attending Aussie Scripts Partner Doctor is exclusively responsible for determining:

5. Delivery and acquisition of medication

1. Aussie Scripts functions solely as a facilitator and does not partake in medication dispensation.
2. Aussie Scripts or a Pharmacy may reach out to the Aussie Scripts Partner Doctor who issued your prescription concerning the specified medication.
3. Upon receiving a prescription from an Aussie Scripts Partner Doctor post Digital or Telehealth Consultation, you may:

6. Utilization of medication

1. Upon prescription issuance by an Aussie Scripts Partner Doctor, comprehensive review of provided medication-related data is crucial (inclusive of packaging content, patient information, online resources shared via the Platform, and manufacturer's informational leaflet).
2. Adherence to the guidance provided by the consulting Aussie Scripts Partner Doctor and/or Pharmacy pertaining to medication consumption is mandatory.
3. In case of severe medication reactions, immediate medical assistance should be sought without delay.

7. Pricing and payment

1. All listed charges are in Australian Dollars and are inclusive of GST (if applicable).
2. The cost for each Service will be communicated to you when requesting a Telehealth Consultation or proceeding with a Digital Consultation. It is advised to assess all relevant charges before finalizing your consultation request.
3. Payment methods include online transactions via credit card, debit card, or PayPal, with payment details required at the consultation request stage.
4. By confirming your consultation request, you authorize Aussie Scripts to conduct an authorization check on your payment details. This check validates payment details and fund availability without incurring any charges. In case of failed authorization, you may be contacted for updated payment information.
5. Funds will be debited as permitted by these Terms.
6. Post-consultation, the Aussie Scripts Partner Doctor will direct the charge for the services received, with authorization to debit your nominated account.
7. Cancelling a Telehealth Consultation prior to commencement will not incur any charges.
8. Receipts for successful payments will be sent to your provided email address.
9. Aussie Scripts reserves the right to adjust service fees and payment terms, effective upon publication on the Platform. Any pre-booked services prior to fee revisions shall not be subject to additional charges post-revision upon service delivery.
10. Services provided by Aussie Scripts Partner Doctors are not Medicare- covered, lacking Medicare rebates or bulk billing options.
11. Eligible for private health insurance claims, submit paid invoices to insurers for potential benefits.
12. Ensure accuracy in maintaining personal details, including private health insurance, and banking information for payment receipts. Aussie Scripts disclaims liability for claim/payment processing issues arising from incorrect information submission.

8. Pricing and payment

a. Refunds for Telehealth Consultations or Digital Consultations are subject to the discretion of Aussie Scripts and Aussie Scripts Partner Doctors.
b. Except for rights under Australian Consumer Law, medication refunds dispensed through the Platform can only occur if:

9. Availability

a. Aussie Scripts does not offer the choice of the Aussie Scripts Partner Doctor for Digital or Telehealth Consultations.
b. Services or Aussie Scripts Partner Doctors on the Platform may not always align with your requirements. In such instances, Aussie Scripts aims to guide you in selecting a suitable practitioner or refer you to an appropriate third party.
c. Events beyond reasonable control may delay Aussie Scripts in meeting obligations outlined in the Terms, thereby extending the performance timeline until the issue ceases.

10. Privacy

a. Your personal, sensitive, and health information is collected by Aussie Scripts during account creation, Service requests, Consultations, or Platform interaction. Refer to the Aussie Scripts Privacy Policy at http://www.aussiescripts.com.au/privacy/ for insights into personal data handling. The Policy also elaborates on:

11. Limitation of liability

a. These Terms do not diminish, restrict, or alter any consumer guarantees, rights, or remedies granted to you by the Australian Consumer Law or any other applicable legislation that cannot be voided, limited, or amended through an agreement.
b. Aussie Scripts shall not be liable for any direct or indirect loss of profits, missed opportunities, incidental or consequential damages, irrespective of foreseeability or causation, to the fullest extent permissible by law.
c. Aussie Scripts does not provide any express or implied assurances regarding:
i. the suitability, fitness for a specific purpose, or non-infringement of intellectual property related to the Platform or any healthcare matters;
ii. the reliability of treatments, information, advice, or actions followed or relied upon by you;
iii. uninterrupted availability of the Platform, error-free operations, or immunity from system disruptions, including viruses.
d. Aussie Scripts' liability, where applicable, is restricted to either re-providing the Services or covering te cost of service re-provision, in accordance with the utmost legal extent.
e. You hold Aussie Scripts exempt from all liabilities involving health and medical services accessed through the Platform, including the information disseminated to you concerning these services.
f. Aussie Scripts bears no responsibility for data transmission-related losses during Platform usage.
g. Liability disclaimer applies to any direct or consequential losses, expenses, claims, or damages emerging from incidents involving Aussie Scripts Partner Doctors, Pharmacies, or Delivery Partners. You absolve Aussie Scripts from related liabilities.
h. Any omissions in providing accurate or complete information or failure to comply with Term obligations discharge Aussie Scripts, Aussie Scripts Partner Doctors, Pharmacies, or Delivery Partners from accountability for subsequent losses or damages.
i. Aussie Scripts is not liable for losses stemming from your failure to notify other healthcare providers about treatments received from an Aussie Scripts Partner Doctor via the Platform.

12. Offers

a. Certain offers made by Aussie Scripts are subject to additional terms (as specified in the offer). You should read these terms carefully as time periods and the availability will often be limited.
b. Where Aussie Scripts offers a promotion, that promotion is provided by Aussie Scripts Pty Ltd ABN 87 629 120 234 and is subject to the terms and conditions contained in this clause 12.
c. If you want the benefit of the promotion, you will need to use the code specified in the promotion. Use of this code constitutes your acceptance of these terms and conditions.
d. Your ability to use the benefit of the promotion expires on the date specified in the promotion and if no date is specified, on the second anniversary of the date on which the promotion was first published.
e. The promotion can only be redeemed through the Platform.
f. The promotion must not be copied or redistributed in any way.

13. Limitation of liability

1. In this clause 13:
a. terms or expressions which have a defined meaning in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST Act) have the same meaning as in the GST Act; and
b. any reference to a party includes the representative member of a GST group of which that party is a member.
2. Unless otherwise expressly stated, all consideration to be paid or provided under these Terms is expressed inclusive of GST.
3. If GST is payable on any supply made under these Terms, the recipient must pay to the supplier an additional amount (GST Amount) equal to the GST payable on that supply at the same time as the consideration for the supply is to be paid or provided.
4. Clause 13.3 does not apply to the extent that:
a. the consideration for the supply is stated to include GST; or
b. GST on the supply is reverse charged and payable by the recipient.
5. The recipient need not pay the GST Amount until it has received a tax invoice or adjustment note.
6. If an adjustment event arises in relation to a supply made under these Terms, the GST Amount must be adjusted to reflect that adjustment event. A corresponding payment must be made by the supplier to the recipient or by the recipient to the supplier, as the case may be.
7. If these Terms require an amount to be calculated by reference to another amount (Reference Amount) that will be:
a. received for a taxable supply; or
b. paid for a creditable acquisition,
c. then the Reference Amount must be reduced so as to exclude any part of the Reference Amount paid or received on account of GST, as the case may be.
8. If these Terms require a party to reimburse or indemnify another party for a cost or expense, the amount of the cost or expense must be reduced by an amount equal to any input tax credit to which the party being reimbursed or indemnified is entitled for that cost or expense.

14. Complaints

1. If you believe you have been incorrectly charged for a Service, or you have any other concern or complaint relating to the Services, please contact Aussie Scripts at info@aussiescripts.com.au
2. Aussie Scripts will seek to respond to your concern or complaint as soon as it is able and will endeavour to resolve such concern or complaint with you.

15. General Information

1. The Terms are governed by and interpreted in line with the laws of Victoria, Australia. All parties agree to the non-exclusive jurisdiction of the Victorian and Commonwealth courts for any issues arising from or related to these Terms, their implementation, or subject matter.
2. The preparation of these Terms should not prejudice any party regarding their construction.
3. Section titles are provided for reference convenience; words carry singular/plural and gender variations, with "including" signifying inclusivity without limitation. "Person" encompasses individuals, corporations, trusts, or statutory bodies.
4. These Terms do not establish a partnership, agency, or trustee relationship between you and Aussie Scripts.
5. In case of invalidity of any provision within these Terms in a specific jurisdiction, it shall be adjusted or severed to ensure compliance in that jurisdiction without impacting the validity or enforceability elsewhere.

16. Definitions

• Australian Consumer Law: Retail regulations under the Competition and Consumer Act 2010 (Cth).
• Delivery Partner: Third party handling medication transportation.
• Digital Consultation: Outlined in clause 1.3(b).
• Aussie Scripts: Swaspay Pty Ltd ABN: 30623973777
• Aussie Scripts Partner Doctors: Registered Australian doctors offering Platform services.
• Pharmacy: Collaborating pharmacy for prescription fulfilment.
• Platform: Website at www.aussiescripts.com.au and the Aussie Scripts app.
• Services: Defined in clause 1.1.
• Shipping Address: Designated delivery point for prescribed medication.
• Telehealth Consultation: As explained in clause 1.3(a).
• Terms: These Terms of Service.
• You: Refers to the individual utilizing the Platform for Services.

Platform

Swaspay Pty Ltd (ACN 623 973 777) is the proprietor and operator of the "Aussie Scripts" platform available through www.aussiescripts.com.au (http://www.aussiescripts.com.au) and the Aussie Scripts App (together referred to as the Platform). The terms "we," "us," and "our" in these Terms of Use pertain to Aussie Scripts. Your utilization of the Platform is contingent upon adherence to these Terms of Use. By engaging with the Platform, you consent to the Terms of Use and the Privacy Policy, which oversee your entry to and operation of the Platform.

1. Who we are

Aussie Scripts is an encrypted digital healthcare platform that furnishes cost-effective and user-friendly healthcare services to Australians. This includes enabling telehealth and video consultations with Australian-registered doctors (Aussie Scripts Partner Doctors), as well as, upon clinical suitability following a telehealth or digital consultation with an Aussie Scripts Partner Doctor, facilitating access to online prescriptions, including medication delivery, requesting a referral for a pathology test, seeking a specialist referral, and obtaining a medical certificate.

Your employment of the Platform is predicated on acceptance of these Terms of Use containing consequential disclosures and liability constraints. Please carefully peruse these Terms of Use before entering or employing the Platform. Your interaction with the Platform in any capacity indicates agreement to these Terms of Use, incorporating additional terms, conditions, and policies outlined herein or available via hyperlink. Failure to agree to all conditions stipulated in these Terms of Use precludes access to or operation of the Platform.

Aussie Scripts retains the prerogative to amend, modify, or substitute any segment of these Terms of Use at any time by issuing a revised version on the Platform. Newly introduced features or tools on the Platform will also remain subject to these Terms of Use. You are advised to periodically review this page for any modifications. Continued utilization or access to the Platform following alterations signifies consent to such changes.

Your use of the Platform, including any embedded third-party platforms, should be restricted to activities delineated in these Terms of Use. Prohibited uses encompass engaging in unlawful activities, soliciting unlawful acts from others, pursuing commercial objectives, providing false or deceptive information, disrupting the Platform or associated third-party platforms, engaging in derogatory behavior, disseminating offensive or fraudulent content, disparaging or harming the reputation of Aussie Scripts or its associates, causing inconvenience, or obtaining services on behalf of others without the requisite authority.

Violation of these Terms of Use may result in the termination of your Platform access, including any associated Personal Account or Family Account, at the discretion of Aussie Scripts. Aussie Scripts holds the right to suspend or restrict your Platform access, delete any transmitted material, or decline services without prior notification, should your conduct contravene these Terms of Use.

2. Indemnification

You consent to indemnify, safeguard, and absolve Aussie Scripts and its associated entities, directors, officers, collaborators, employees, contractors, affiliates, suppliers, service providers, and licensors (including the Aussie Scripts Partner Doctors) against any claim or requisition, including rational legal fees, brought forth by a third party as a result of:

• your utilization of the Platform;
• your infringement of these Terms of Use or the associated documents; or
• your breach of any legislation or infringement of a third party's rights.

3. Information to be aware of

3.1 Disclaimer

Unless directly provided by an Aussie Scripts Partner Doctor, the information and materials on the Platform are of a general nature and are intended solely for informational purposes. They:

• are not, and are not meant to serve as, a replacement for professional advice, including professional medical guidance given by Aussie Scripts Partner Doctors during telehealth consultations facilitated by Aussie Scripts; and
• should not supplant the independent judgment of a qualified healthcare practitioner regarding the suitability or risks associated with a treatment or the use of a specific product or service.

3.2 Limitation of liability

The Platform is subject to non-excludable warranties and guarantees under consumer protection laws, ensuring that it is furnished with due care, skill, and suitability for its intended purpose.

While holding no liability for any inaccuracies, omissions, or misleading information on the Platform or linked websites, Aussie Scripts and its personnel intend to avoid any loss, harm, expenses, or costs incurred by individuals relying on Platform content.

4. Your individual account or family account

4.1 Qualification for an individual account or family account

In order to be eligible for setting up an Individual Account and utilizing it, the following criteria must be met at a minimum:

• residing in Australia (i.e., possessing a valid Australian address); and
• intending to utilize the products and services offered by Aussie Scripts within Australia.

4.2 Your accountability for your individual account or family account

Assuming the responsibility of creating an Individual Account or Family Account means that you bear full liability for your login credentials and password, which should not be shared with any third party. On occasions, we may mandate re-authentication or issue directives concerning your Individual Account, Family Account, or the operation of your security credentials.

Whenever your security credentials are used to access an Individual Account or Family Account, we reserve the right to presume that you are the user. Promptly inform Aussie Scripts of any known or suspected unauthorized usage of your Individual Account or Family Account, or any known or suspected security breaches, encompassing unauthorized Platform entry or instances of password loss, theft, or unauthorized disclosure. You are accountable for all activities or transactions conducted on the Platform.

4.3 Terminating your individual account or family account.

Should you wish to terminate your Individual Account or Family Account, navigate to the "My Profile" section on the Platform and choose "Request Closure" under "Account Closure." When a closure request is made for your Individual Account or Family Account, the details you have disclosed, and all associated information will be securely archived and stored by Aussie Scripts for a period of up to 7 years. Should you request data erasure, our capacity to fulfill such requests may be subject to restrictions stipulated in local legislation, in compliance with the Health Records Act 2001 (Victoria), specifically Principle 4 on Data Security and Data Retention and health records and Privacy (QLD).

5. Our material

5.1 Our intellectual property

The materials featured on the Platform, encompassing but not confined to text, illustrations, logos, photographs, and visuals, are the assets of Aussie Scripts or its content providers, shielded by copyright statutes. The aggregation of all such materials stands as the exclusive possession of Aussie Scripts and is shielded under copyright law.

"Aussie Scripts" and related visual elements, photographs, logos, as well as product and service designations, constitute trademarks (comprising unregistered trademarks) owned by Aussie Scripts. These trademarks, emblems, and other proprietary visuals cannot be used in association with any other product or service without obtaining explicit written consent from Aussie Scripts.

Aside from what is clearly delineated in these Terms of Use, accessing the Platform does not confer upon you any rights, titles, interests, or ownership pertaining to any intellectual property rights (including copyrights) and proprietary rights to the Platform's contents or any trademarks, logos, or other proprietary visuals belonging to Aussie Scripts.

5.2 Your utilization of our materials

Conditioned upon your acknowledgment of these Terms of Use, Aussie Scripts permits you to view, download, and/or print a limited number of copies of the materials on the Platform for personal, non-commercial purposes. In all other instances, no material from the Platform may be duplicated, altered, republished, transmitted, displayed, executed, or circulated in any manner without the explicit prior written authorization of Aussie Scripts, unless permitted by law. Modifying, selling, assigning, or transferring the Platform's content, as well as reproducing, displaying, distributing, or utilizing the content for any public or commercial purpose or otherwise, is prohibited unless expressly authorized in these Terms of Use. The Platform's content is subject to modifications at Aussie Scripts' discretion without prior notification.

You are afforded a restricted, retractable, and non-exclusive authorization to establish a hyperlink to the main page of the Platform segment obtainable via a website, provided that the link refrains from depicting Aussie Scripts, any Aussie Scripts Partner Doctor, or Aussie Scripts' operations and undertakings in a deceptive, disparaging, or otherwise objectionable manner. Upon request by Aussie Scripts, any such hyperlink featured on the outlet to which you have appended it must be withdrawn.

6. Third-party material

6.1 Third-party content hosted on the platform

The real-time chat feature on the Platform allows you to engage with our support team. This chat functionality is operated by Intercom, Inc. Your use of the chat feature on the Platform is governed by these Terms of Use and any supplementary terms presented by Intercom, Inc. periodically. By utilizing the chat function, you indicate acceptance of these Terms of Use.

6.2 Materials on third-party sites

Aussie Scripts may incorporate links to websites owned by external entities on the Platform. These links may be displayed diversely, including as standalone hyperlinks and as integrated content from third-party websites that, when accessed, redirect you to their respective websites. Aussie Scripts bears no responsibility for the content housed on these websites or their accessibility. Aussie Scripts neither endorses nor assumes liability for any content, advertisements, or products proffered on these external websites, nor is Aussie Scripts accountable for any harm, offense, or losses incurred as a consequence of visiting these websites. The reliance or significance attributed to third-party links when contemplating purchases of goods or services offered by or on behalf of Aussie Scripts is not the liability of Aussie Scripts. It is recommended that prior to visiting any website, you ensure your computer is fortified with up-to-date virus detection software.

By accepting these Terms of Use, you undertake not to infringe upon any rights of third parties, encompassing but not restricted to contractual, copyright, trademark, and privacy rights.

6.3 Materials on third-party sites

Utilization of Aussie Scripts' social media pages entails usage of an external website, subjecting you to the terms and conditions of use relevant to that website. Prioritizing a review of the terms and conditions applicable to the respective social media platforms is recommended.

5. Our material

5.1 Our intellectual property

7. Your submitted material

Unless specified otherwise, any content you share or transmit to Aussie Scripts through the Platform will be considered non-confidential and non-proprietary. This includes data, queries, feedback, proposals, notions, or other information excluding personal (including sensitive or health-related) data disclosed to us or an Aussie Scripts Partner Doctor during the course of acquiring goods and services offered by or on behalf of Aussie Scripts. Aussie Scripts reserves the right to utilize any non- confidential material furnished by you through the Platform for various purposes, without compensation to you.

Furthermore, such material may be transmitted (in an encrypted format) across different networks and/or adapted to meet the technical specifications of interconnecting networks or devices. Payment information provided will be tokenized by a third party to ensure that only a token is received by us during transactions.

8. Data privacy

Your personal, including sensitive and health, information will be gathered by Aussie Scripts when you opt to create a Personal Account or Family Account, place an order for goods or services from Aussie Scripts, or reach out to Aussie Scripts on or via the Platform. Aussie Scripts' Privacy Policy outlines how your personal, including sensitive and health, details are typically managed. The Privacy Policy also provides guidance on how you can:

• request access to and/or rectify your personal details in Aussie Scripts' possession;
• lodge a privacy inquiry or complaint with Aussie Scripts and the procedure for

9. Cookies usage

When you visit the Platform and your web browser is configured to accept cookies, a cookie may be stored on your device. Cookies enable Aussie Scripts to gather data about your device, including your IP address, browser type, operating system,

domain name, and the referring website. This information aids in tracking and compiling statistics regarding your visits to various sections of the Platform and external links. Additionally, cookies assist in recognizing your device for improved Platform accessibility. This data is utilized to uphold service quality and furnish insights over Platform usage.

Should you prefer not to have this information saved on your device, you can adjust your browser settings to reject cookies. However, disabling cookies could limit access to certain parts of the Platform.

10. Jurisdiction

These Terms of Use are subject to and must adhere to the legal framework of Victoria, Australia. Both parties consent to the jurisdiction of the courts of Queensland, Australia, and the Commonwealth of Australia regarding all matters linked to or arising from the performance or subject matter of these Terms of Use.

11. Separability

In case any provision of these Terms of Use is deemed invalid in a specific jurisdiction, the provision will be adjusted to the minimum extent necessary for validation, where feasible, or omitted from these Terms of Use in other instances. This revision will not compromise the remaining provisions' validity or affect the provision's legality in a different jurisdiction.

12. Contact Us

For inquiries about these Terms of Service, please contact us viainfo@aussiescripts.com.au

Last updated: May 2024