Helping practices to be their best.
Terms of Service
Better Medical
User Terms of Service
- General
- In these User Terms of Service:
- “Better Medical”, “we” or “us” means Hills Medical Pty Ltd ACN 603 549 926, trading as Better Medical.
- “Intellectual Property Rights” means all present and future intellectual or industrial property rights anywhere in the world, including without limitation any copyright, moral right, patent, trade mark, registered design, registered or unregistered plant breeder’s right, trade secret, knowhow, right in relation to semi-conductors and circuit layouts, trade or business or company name, indication or source or appellation of origin or other proprietary right or right of registration of such rights.
- “Services” means the health care services and other associated services that are to be provided by Better Medical from time to time.
- “User Terms of Service” means these user terms of service.
- “Website” includes https://bettermedical.com.au/ and any other webapp or mobile app provided by Better Medical.
- “you” means you and anyone acting on your behalf or with your authority.
- These User Terms of Service set out the terms of use on which you make use of the Services. By using or accessing the Services, you acknowledge and agree that you have read, understood and accept these User Terms of Service, together with our Privacy Policy (the latest version of which is available at https://bettermedical.com.au/privacy-policy/) and that you agree to abide by them.
- In these User Terms of Service:
- Informational purposes only
- The content provided whether on the Website or through other means, are for informational purposes only and are general in nature. This is not a substitute for independent or professional medical advice, diagnosis, or treatment.
- Nothing in these User Terms of Service is to be construed as imposing an obligation on Better Medical to provide medical advice.
- Always seek the advice of your doctor or other qualified health provider with any questions you may have regarding medical symptoms or medical conditions.
- If you think you may have a medical emergency, call your doctor or 000 immediately.
- To the maximum extent permitted by law, if you rely on any materials of information provided on the Website you do so at your own risk.
- Intellectual property
- All Intellectual Property Rights in and associated with the Website (including copyright in content, and trade marks, displayed on the Website) are and remain the property of Better Medical and its third party licensors. Nothing you do on or in relation to the Website, will transfer any Intellectual Property Rights to you or, except for the licence referred to in clause 3.2, licence you to exercise any Intellectual Property Rights unless this is expressly stated.
- Better Medical grants you a limited, non-transferable licence to access and use the Website, solely for your personal use, and solely for purposes that are permitted by these terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from any relevant countries).
- Linked websites
- The Website may from time to time contain hyperlinks to third party websites or resources. Such links are provided for convenience only and we take no responsibility for the availability, content, products, or services on or available from such third party websites or resources, and you accept all risk arising from the use of these resources.
- Any hyperlink on the Website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information, services and/or products which they provide.
- Disclaimers
- Better Medical, its employees, contractors and agents:
- make no representations, express or implied, as to the accuracy of the information and data contained on the Website and all information is made available on an “as is” basis;
- make no representations, express or implied, as to the accuracy or usefulness of any translation of the information on the Website or any linked site into another language;
- make no representations as to the availability of the Website;
- accept no liability for any use of the said information and data or reliance placed on it (including translated information and data);
- make no representations, either express or implied, as to the suitability of the said information and data for any particular purpose; and
- accepts no liability for any interference with or damage to a user's computer, software or data occurring in connection with or relating to the Website or its use or any site linked to the Website.
- Any information which you transmit to the Website is transmitted at your own risk. If you become aware of any problems with the security of the Website, you must inform us immediately.
- To the maximum extent permitted by law, Better Medical, its employees, contractors and agents will not be liable to you for any claim arising out of or in any way connected with your use of our Website for any direct, indirect, special or consequential loss, loss of profit, loss of income, loss of business or loss of opportunity, howsoever arising and whether caused by breach of statute, breach of contract, negligence or any other tort.
- Notwithstanding anything in these User Terms of Service, you agree to indemnify us for all loss or damage, penalties, fines, expenses and costs arising from or relating to your use of the Website, any information that you provide to us via the Website or any damage that you may cause to the Website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trade mark infringement.
- Better Medical, its employees, contractors and agents:
- Other
- We may change these User Terms of Service at any time. When this occurs, we will use our best efforts to notify you of the change. You agree that if we do change these User Terms of Service, those changes will come into effect the next time you access the Website after receiving notification of the changes to the User Terms of Service. Your continued use of the Services will constitute acceptance of the updated User Terms of Service. The latest version of these User Terms of Service will always be available at https://bettermedical.com.au/.
- If any provision, or part of any provision, of these User Terms of Service is found by any court or body of competent jurisdiction to be wholly or partially illegal, invalid, void, voidable, unenforceable or unreasonable, then that provision, or part of that provision, shall be deemed severable to the extent that the remaining part of the provision or provisions of these User Terms of Service are not wholly or partially illegal, invalid, void, voidable, unenforceable or unreasonable (and the remaining part of the provision or provisions shall continue in full force and effect).
- By using the Website, you acknowledge and agree to be bound by these User Terms of Service and the Privacy Policy (the latest version of which is available at https://bettermedical.com.au/privacy-policy/).
- South Australian law governs these User Terms of Service. Each party irrevocably submits to the non-exclusive jurisdiction of the South Australian courts and courts competent to hear appeals from those courts.
- These User Terms of Service supersede all previous agreements about its subject matter. This document embodies the entire agreement between the parties. To the extent permitted by law, any statement, representation or promise made in any negotiation or discussion, is withdrawn and has no effect except to the extent expressly set out or incorporated by reference in these User Terms of Service. Each party acknowledges and agrees that it does not rely on any prior conduct or representation by the other party accepting these User Terms of Service.