Website Terms & Conditions

Last Updated on December 14, 2023 by

WARNING!  THIS IS A LEGALLY BINDING AGREEMENT THAT GOVERNS YOUR USE OF GREENCARE’S WEBSITE AND SERVICES.

1. Acceptance of our Terms
   1. By visiting, viewing, accessing or otherwise using Greencare Enterprises Pty Ltd’s website at greencare.com.au (or other relevant domains), including any of the services on the website or information available on the website (together, the “Website”), you agree to be bound by the following Website Terms and Conditions of Use and our Privacy Policy (together, the “Website Ts & Cs”).
   2. If you do not want to be bound by our Website Ts & Cs, then your only option is not to visit, view, access or otherwise use the Website or the services offered via the Website.  You understand, agree and acknowledge that these Website Ts & Cs constitute a legally binding agreement between you and Greencare Enterprises Pty Ltd (ABN: 15 645 405 803) (“Greencare”, “we”, “our” or “us”) and you shall be deemed to have accepted the Website Ts & Cs, if you use and/or access the Website and/or our services.
   3. The Website Ts & Cs apply to all transactions conducted on the Website or using our services.
2. Your Age
   1. You promise that you are over 18 years of age.  If you are not, you may not use the Website.
3. Provision of Website and Services
   1. You agree and acknowledge that we may modify, delete, improve, update or discontinue the provision of any information or services on the Website at our sole discretion and without notice to you, even if it may result in you being prevented from accessing any information or service contained on the Website.  Also, you agree and acknowledge that we are entitled to provide services to you through subsidiaries, affiliates, agents or third parties.
   2. You acknowledge that when you book an appointment for a consultation, you are entering into a direct agreement with the professional with whom you make the appointment.  We are engaged by (and paid by) such professionals to facilitate and manage such bookings and payments relating to such bookings.
4. Use of the Website
   1. The Website is made available to you for personal, non-commercial purposes only.
   2. You may not use the Website or our services in a manner which would circumvent the purpose of the Website, including attempting to solicit direct appointments with doctors listed on our Website without using our services provided via the Website.
   3. You promise that all information you provide on, or in connection with, the Website and your appointments will be (and will be kept) true, accurate, current and complete.
   4. The Website is provided ‘as is’ and you must not (and must not attempt to) alter, edit, interrupt or otherwise interfere with the Website (including, without limitation, no hacking, introduction of ‘viruses’ and/or uploading of spyware).  Further, you must not engage in crawling, scraping, caching or otherwise accessing any content on the Website via automated means or otherwise.
5. Registration
   1. In order to access and use all the functions of the Website and our services, you must complete the registration process and provide all requested information and details.  You must also provide valid credit card details.
   2. All registrations, bookings and payments will be processed by HealthEngine, who will also collect and handle the information you provide in connection with booking an appointment and using the Website and our services.  To be clear, we do not collect or store credit card details, such details are stored and managed by HealthEngine pursuant to HealthEngine’s Terms of Use and HealthEngine’s Privacy Policy.
   3. You promise you are authorised to use the credit card you provide in connection with your use of the Website and our services, including paying for an appointment booked via Greencare.
   4. You promise to keep your Greencare login details (including password) confidential.  You must not let any other person use your Greencare account and you must not use any other person’s Greencare account.  You must let us know immediately if you become aware of any unauthorised use of your account or the Website.
   5. You agree that we may make your name, address and details available to professionals with whom you make a booking or as otherwise required by law, but we will only otherwise share your details in accordance with our Privacy Policy.
6. Making a Booking
   1. WE MAKE NO REPRESENTATIONS AND GIVE NO WARRANTIES OR PROMISES IN CONNECTION WITH THE OUTCOME OF ANY BOOKINGS MADE VIA OUR WEBSITE OR THAT THE PROFESSIONAL OF YOUR CHOICE WILL BE AVAILABLE TO YOU AT ANY GIVEN TIME.
   2. When you make a booking via the Website, you are entering into a legal contract with the relevant professional who may require you to provide additional information or agree to further terms and conditions in connection with your appointment or engagement with that professional and must agree to the Booking Terms and Condition.  Nonetheless, these Website Ts & Cs also govern such bookings and arrangements entered between you and the professional with whom you made a booking.  We act merely as an agent for the relevant professional in connection with such bookings.
   3. When you make a booking to see a professional via the Website which is processed by HealthEngine, you authorise your credit card to be charged the relevant booking fees and other charges relating to such a booking, subject to these Website Ts & Cs and any other agreements reached between you and us, or you and the professional with whom you made a booking.
   4. When you make a booking, it is your responsibility to:
      1. select the correct type of booking;
      2. be available at the time of the appointment (and, as is customary when seeing any professional, allow reasonable leeway for delays and postponement); and
      3. have the necessary technology, software and/or devices available to participate in such appointment, as directed by us and/or chosen by you.
   5. You may only book appointments at times and dates listed as available via the Website and may not cancel or postpone a booking except in accordance with the Cancellation Policy.  
   6. You may not contact the relevant professional with whom you wish to make a booking until:
      1. you have made the booking;
      2. you have provided all requested and relevant details; and
      3. the appointment time has arrived.
   7. For the avoidance of doubt, your health is your responsibility and we (and the relevant professional) have no obligation to follow-up your appointments, unless otherwise expressly agreed in writing.
   8. You promise that you will act honestly and in good faith and will not provide any misleading or deceptive (whether express or implied) information (including withholding information) in connection with any booking or appointment.
7. One-Off Bookings
   1. For single bookings, your credit card will be charged the relevant fees immediately after the appointment or otherwise in accordance with the Cancellation Policy.
   2. You must follow the Website prompts, provide all relevant details and choose your booking time in order to make a single booking.
8. Subscriptions
   1. We offer a yearly subscription option to access the Website, our services and book appointments with the professionals we represent (our “Subscription Service”).
   2. If you do not notify us in writing of your wish to cancel your Subscription Service at least 30 days prior to the end of the relevant year of your Subscription Services, then you will be deemed to have entered a further yearly Subscription Service on the terms of these Website Ts & Cs (as amended from time-to-time).
   3. If you subscribe to our Subscription Service, then:
      1. you will be charged (via your nominated credit card) 12 monthly instalments (commencing on the date of subscription) of an amount notified to you upon subscribing, except as otherwise set out in the Cancellation Policy;
      2. you will be entitled to book the number (and type) of appointments notified to you upon subscribing;
      3. you will not be entitled to any refund in connection with unused appointment entitlements; and
      4. if you miss or cancel an appointment within the relevant time frames set out in the Cancellation Policy, then such missed or cancelled appointments shall count towards your appointment entitlements.
9. Cancellation Policy
   1. All appointments and shall be governed by the Cancellation Policy.
10. Communication Rules and Policies
    1. When you provide information via the Website, use our services or communicate with us or the professionals we represent:
       1. you will not use or submit defamatory, derogatory, discriminatory, illegal, vulgar, obscene, hateful, disingenuous or abusive content or language;
       2. you will not breach any laws or infringe any person’s rights;
       3. you will comply with our directions and requests (and those of the professionals we represent); and
       4. you are solely responsible for your interactions and communications and all interactions and communications made using your Greencare account or otherwise with any professional with whom you book an appointment.  You agree that we are not responsible or liable for the conduct of any user of our services (including you) or any professional with whom you make a booking via the Website.
    2. If you first contact any doctor via the Website or through our services, you may not contact that person in any other manner other than via the Website (or our approved communication methods) or for any purpose other than receiving health services from that doctor, unless you have obtained written permission to do so.
    3. We reserve the right to monitor the use of the Website and communications with professionals booked via the Website.  If you (or your account) shows signs of fraud, abuse or suspicious activity, we may cancel or suspend the account and your subscription plan immediately.  We retain the right and absolute discretion to suspend, terminate and/or delete your account and/or prohibit your access to the Website without notice if we believe you have abused any privilege granted to you as a user of the Website or our services, supplied misleading information or made any misrepresentations to us in connection with the Website or our services, tampered with the Website in any way, breached these Website Ts & Cs, or engaged in any unlawful or other improper conduct calculated to jeopardise the proper administration of the Website and/or our services.
    4. You agree that you shall not portray Greencare (or any of our officers, employees, representatives, affiliates, agents and related parties) in a false, derogatory or offensive manner.
    5. You agree that you shall comply with all codes of conduct, policies and rules implemented by us.
11. Ownership of Copyright and Information
    1. Subject to the rights you have in the information and/or content you submit via the Website, as between you and us, we own or control all right, title and interest (including copyright and other intellectual property rights) in and to information and material appearing on this Website or relating to our services, including (without limitation) our text, computer code, artwork, photographs, proprietary information, logos, images, music, audio material, video material and audio-visual material on this Website (together, the “Website Material”).
    2. You may access and/or reproduce Website Material only for the purpose of viewing such Website Material on a personal electronic device (such as your phone or computer).  You may not otherwise use or exploit (including, without limitation, by way of selling, distributing, adapting, editing, changing, transforming, embedding, republishing, showing or playing in public (for a commercial purpose), publishing or communicating) the Website or the Website Material without our prior written agreement and we reserve all such rights in the Website Material.
    3. Without limiting the foregoing, you acknowledge that certain Website Material (such as copyright and third-party trade marks and logos) may be owned by third parties and you agree not to infringe the rights of those third parties (or our rights in the Website Material).
    4. If you become aware of any material on the Website that you believe infringes the law or infringes your or any other person’s rights (including copyright, other intellectual property rights), or you have a complaint to make regarding the content of the Website, you must immediately contact us and report it to us (including specifying the URL on which the material appears and a description of the relevant offending material).
12. Indemnification
    1. You agree to indemnify us (including our officers, employees, representatives, affiliates, agents and related parties, together “the indemnified”) and hold the indemnified harmless from and against any and all liability, loss, claims, demands and/or expenses (including indirect and consequential losses), from any allegation arising out of (or relating to) your use of the Website, Website Material or our services or which the indemnified may incur as a result of any breach by you of these Website Ts & Cs (including a breach of your warranties) or any negligent act or omission by you.
13. No Warranties
    1. You understand and agree that your use of the Website, our services and any information contained on the Website is entirely at your own risk, and you should seek expert advice in connection with any and all such matters.
    2. We do not promise or warrant in any way that:
       1. the Website will be constantly available, or available at all;
       2. the information on the Website (or on any related website or social media pages) or in the Website Material is complete, true or accurate; or
       3. you can rely on or use any information on the Website or in the Website Material.
    3. We make no representations as to the accuracy or completeness of any information on the Website or any third party websites found by following any link or direction on the Website.
    4. Nothing on the Website constitutes, or is meant to constitute, advice of any kind.  If you require any advice or assistance in relation to any matter (including legal, financial, medical or personal matters), then you should consult an appropriate professional.
    5. We do not have any obligation to moderate, monitor, edit or approve any content on the Website, nor do we have any obligation to remove content you disapprove of.
    6. Any cost associated with accessing and using the Website generally remains your responsibility and is dependent on the service provider used.  You are responsible for ensuring that your computer system or mobile device (as applicable) is compatible with the Website and meets all relevant technical specifications necessary to obtain the benefit of the Website and our services.
14. Termination of Agreement
    1. We may, at any time, prohibit you from using the Website (or any part of the Website or Website Material).  If we notify you of such prohibition, then you must immediately cease using the Website (or the relevant part of the Website or Website Material) and you must not attempt to continue to use the Website.
    2. For so long as you use the Website, the Website Ts & Cs will continue to apply.  Terms that are intended (expressly or implicitly) to continue in perpetuity shall be unaffected by any termination of the arrangement between you and us governed by these Website Ts & Cs.
15. Limitation of Liability
    1. To the maximum extent permitted by law, all express or implied terms, conditions, warranties and representations in relation to any Website Material, the services provided by us (or our affiliates) and the Website are expressly excluded.  In particular, we make no promises that the Website will operate on your computer and we do not assume any responsibility for (and you agree we will not be liable for) any cost, damage or loss incurred by you as a result of using the Website (or the Website Material) including arising from, or in relation to, any error, action, omission, “bug”, “virus”, interruption, interference, deletion, defect, delay in operation or transmission, communication line failure, unauthorised access to, or alteration of the Website or Website Material, whether negligent or otherwise.
    2. In no event will we (including our officers, employees, representatives, affiliates, agents and related parties) be liable for any: (a) direct loss; or (b) indirect or consequential loss (even if we are aware of the possibility of such loss or if such loss was otherwise foreseeable), including, but not limited to, loss of profits, production, data, opportunity or goodwill; or (c) business interruption; however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of your use of the Website or the Website Material.
    3. If any of the exclusions or limitations set out in this clause are declared illegal or void or if you claim that there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by these Website Ts & Cs, to the extent permitted by law, our entire liability and your exclusive remedy is limited, in our discretion, to: (a) with respect to the supply of goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; (b) with respect to the supply of services: (i) the re-supply of the services; or (ii) the payment of the cost of having the services re-supplied, each capped at the total subscription fees paid by you to us in the 12-month period immediately prior to any claim being made by you.
    4. If you become aware of any damage, loss or injury to any person or property with a connection to Greencare or the Website (or any incident that may result in any such damage, loss or injury), then you must immediately notify us.
16. No Endorsement of Third Parties or Third Party Content
    1. The Website may include third-party content or advertising or links to third-party content, advertising and other websites (including professionals available to book via the Website).  Links to third-party content, advertising and/or other websites are inserted for convenience and do not constitute endorsement of material or information at those links, or any associated person, organisation, product or service.
    2. The inclusion of third-party content or advertising on the Website does not, in itself, constitute our endorsement of such third party content or advertisement (or the subject matter contained in such content or advertisement).  You acknowledge and agree that unless specifically expressed otherwise, we do not endorse any person (including any doctor or nurse), advertising, products, goods or resources appearing on the Website or available via links on the Website (and are not responsible for, or liable in any way in relation to, such advertising, products, goods or resources).
    3. You acknowledge that third-party websites and services which are linked to this Website may be governed by their own terms and conditions, and you agree that it is your responsibility to make yourself aware of, and to comply with, such third-party terms and conditions.
    4. Without limiting the foregoing, you acknowledge that websites on which you can make bookings (including HealthEngine) are owned and operated by third parties and do not form part of the services we provide.  The making of bookings through such third-party websites will be governed by the terms you enter with such third parties and not us.
17. Commissions
    1. You acknowledge and agree that we may receive fees and/or commissions from third parties providers if you purchase goods or services from any provider we recommend to you.
18. Jurisdiction
    1. You understand and agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia to resolve any legal matter arising in connection with the Website Ts & Cs (including any use of the Website).
19. Unenforceable provisions
    1. If the courts of NSW rule that any provision of the Website Ts & Cs is invalid or unenforceable, then that provision will be removed or read down and amended, and the remaining provisions will continue to be valid and enforceable.
20.  Changes to the Terms
    1. We reserve the right to modify the Website Ts & Cs from time to time at our sole discretion and without any notice.  We will endeavor to notify you of any changes to the Website Ts & Cs, but you agree to regularly check the Website Ts & Cs for updates.  Changes to the Website Ts & Cs become effective on the date they are posted and your continued use of the Website after any changes to the Website Ts & Cs will signify your agreement to be bound by the amended Website Ts & Cs.
21. Relationship
    1. Nothing in these Website Ts & Cs is intended to create, nor does create, a partnership, agency, employment or fiduciary relationship between us and you (or any user of the Website).
    2. Greencare is entitled to, assign, license or sub-contract its rights and obligations under this Agreement to any party, including any related entity of Greencare.  You may not assign, license, sub-contract or otherwise dispose of your rights or obligations under this Agreement.
22. Additional Terms
    1. These Website Ts & Cs do not cover all aspects of every interaction of our relationship with you (or between you and any professionals with whom you make appointments).  For example, if you subscribe to a particular service offered by us, then you may be required to enter a further agreement in relation to that particular service.  Even if you enter such a further arrangement with us, these Website Ts & Cs shall continue to be binding.