Terms and Conditions

Terms & Conditions

This website, located at www.phenixhealth.com.au (“Website”), is owned and operated by Phenix Health Pty Ltd.

This Website provides users with online access to medical advice from healthcare providers. Phenix Health does not provide medical diagnosis, treatment, or prescription of any kind. all information provided on this website or in connection with any communications supported by phenix health, including, without limitation, real-time video or email communications between professionals utilising the website and mobile app and consumers is intended to be for general informational purposes only. phenix health is not a substitute for professional medical diagnosis or treatment. reliance on any information provided by phenix health or any professionals that utilize phenix health at the invitation of Phenix Health is solely at your own risk.

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 000.

The Website also contains text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively with all information and material about Phenix Health, “Content”).

PLEASE NOTE: Your access to and use of this Website are subject to these terms of use (“Terms of Use”), as well as all applicable laws and regulations. Please read these Terms of Use carefully. If you do not accept and agree to be bound by any of these Terms of Use, you are not authorized to access or otherwise use this Website or any information or Content contained on this Website. Your access to and use of this Website constitutes your acceptance of and agreement to abide by each of these terms and conditions set forth below. These Terms of Use may be changed, modified, supplemented or updated by Phenix Health from time to time without advance notice by posting here and you will be bound by any such changed, modified, supplemented or updated Terms of Use if you continue to use this Website after such changes are posted. Unless otherwise indicated, any new Content added to this Website will also be subject to these Terms of Use effective upon the date of any such addition. You are encouraged to review the Website and these Terms of Use periodically for updates and changes.

If you have any questions about these Terms of Use, please contact us at info@phenixhealth.com.au

Independence of Specialists and Professionals – The specialists and professionals utilising or featured on the Website site are subscribers and licensees to the Website and not employees or independent contractor service providers of Phenix Health. Any opinions, advice, or information expressed by a professional or specialist utilizing or featured on the Website are of the professional and the professional alone. They do not reflect the opinions of Phenix Health. Phenix Health does not recommend or endorse any specific tests, healthcare providers, products, procedures, opinions, or other information that may be mentioned on Phenix Health or by a licensee of Phenix Health.

The inclusion of professionals and specialists on the Website or in any professional directory located on the Phenix Health Website and Apps does not imply recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein. such information is provided on an “as-is” basis and phenix health disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose. phenix health shall in no event be liable to you or to anyone for any decision made or action taken by any party (including, without limitation, any user) in reliance on information about professionals and specialists on the website. The use of the Website by any entity or individual to verify the credentials of professionals or specialists is prohibited.

Password Accounts, Passwords, and Security – By registering on the Website, users of the Website (“Users”) can receive access to the password-protected portions of the Website (the “User Portal”). When accessing the User Portal, you are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a)immediately notify Phenix Health of any unauthorised use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. Phenix Health will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Phenix Health or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

Limited License and Site Access; All Rights Reserved – Phenix Health hereby grants you a limited license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Phenix Health (e.g., downloading of PDF forms, applications, etc.). This license does not include any resale or commercial use of this Website or the Content; any derivative use of this Website or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Phenix Health. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Phenix Health without Phenix Health’s express written consent. You may not use any meta-tags or any other “hidden text” utilising any of Phenix Health ‘s name(s) or service marks without the express written consent of their owners. We (or the respective third party owners of Content) retain all right, title, and interest in this Website and any Content and features offered on this Website, including any and all intellectual property rights. We (or the respective third party owners of Content) reserve all rights not expressly granted herein. Any unauthorised use terminates the permission or license granted by Phenix Health.

Copyright – Except as otherwise expressly stated, all content appearing on this Website is the copyrighted work of Phenix Health or its third party content suppliers and is protected by Australian and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content is also the exclusive property of Phenix Health and is protected by Australian and international copyright laws.

You may download information from this Website and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this Website, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Phenix Health or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Phenix Health. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Phenix Health does not warrant or represent that your use of Content or any other materials displayed on this Website will not infringe rights of third parties. Your use of any of the Content beyond the scope of personal use may require a license from the owner of the rights to the data with respect to the use of portrait right, trademark, copyright, design right, right of utilisation or any other rights of the persons, products or landscape portrayed in the provided Content. Phenix Health is not responsible for any claims of ownership rights to any images or data against you. You will indemnify, defend and hold harmless Phenix Health from and against any losses or claims, by an owner of data or image rights or any third party resulting from any violation of these Terms of Use.

Trademarks and Service Marks – Certain trademarks on the Website are the service marks and trademarks of Phenix Health, the specialists, the professionals or other licensees of Phenix Health. The domain name for this Website, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of Phenix Health. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorisation of Phenix Health.

Connection Requirements – You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use this Website, and Phenix Health reserves the right to change the access configuration of this Website at any time without prior notice.

Prohibited Use – Any use or attempted use of this Website (i) for any unlawful, unauthorised, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party’s use and enjoyment of the Website, or (iv) to gain unauthorised access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Phenix Health to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by Phenix Health, or (vii) any use other than the business purpose for which it was intended, is prohibited.

In addition, in connection with your use of the Website, you agree you will not:

1) Upload or transmit any message, information, data, text, software or images, or other content (“Material”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;

2) Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Phenix Health representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

3) Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);

4) Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;

5) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;

6) Use the Website’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);

7) Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;

8) Violate any applicable local, state, national or international law;

9) Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;

10) Delete or revise any material posted by any other person or entity;

11) Manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology or directly link to any portion of the Website other than the main homepage, www. Phenix Health, in accordance with the Limited License and Site Access outlined above;

12) Probe, scan, test the vulnerability of or breach the authentication measures of, this Website or any related networks or systems;

13) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorised by such party to do so;

14) Harvest or otherwise collect information about others, including e-mail addresses; or

15) Use any robot, spider, scraper, or other automated or manual means to access this Website, or copy any content or information on this Website. Phenix Health reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user’s access and/or account.

Right to Monitor – Phenix Health neither actively monitors general use of this Website under normal circumstances nor exercises editorial control over the content of any third party’s website, e-mail transmission, news group, or other material created or accessible over or through this Website. However, Phenix Health does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in Phenix Health’s sole discretion, may be illegal, may subject Phenix Health to liability, may violate these Terms of Use, or are, in the sole discretion of Phenix Health, inconsistent with Phenix Health’s purpose for this Website.

No Phenix Health Editorial Control of Third Party Content; No Statement as to Accuracy – To the extent that any of the Content included in the Website is provided by third party content providers or other Website users, Phenix Health has no editorial control or responsibility over such Content. Therefore, any opinions, statements, products, services or other information expressed or made available by third party suppliers or users on this Website are those of such third party suppliers or users, respectively. Phenix Health does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on this Website or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Phenix Health.

Links to Third Party Websites – This Website may contain hyperlinks to other sites owned and operated by parties other than Phenix Health. Such hyperlinks are provided only for ready reference and ease of use. We do not control such websites and cannot be held responsible for their content or accuracy and do not endorse these sites unless we specifically so state. In the event this Website provides hyperlinks to other websites that are not owned, operated or maintained by Phenix Health, you acknowledge and agree that Phenix Health is not responsible for and is not liable for the content, products, services or other materials on or available from such websites. We accept no liability for any information, products, advertisements, content, services or software accessible through these third party websites or for any action you may take as a result of linking to any such website. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. Phenix Health is under no obligation to maintain any link on this Website and may remove a link at any time in its sole discretion for any reason whatsoever. Phenix Health shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website. Phenix Health is not responsible for the privacy practices of any other websites.

Disclaimer – Content and other information contained on this Website has been prepared by Phenix Health as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. Phenix Health has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content or other information contained in or linked to this Website or any other Website maintained by Phenix Health. Users relying on Content or other information from this Website do so at their own risk.

THE Phenix Health website is provided on an “as is” or “as available” basis. phenix health and its licensees (including the specialists and professionals utilizing the website), to the fullest extent permitted by law, disclaim all warranties and conditions of any kind, either express or implied, statutory or otherwise, including, without limitation, the implied warranties of merchantability, non-infringement of third parties’ rights, satisfactory quality and fitness for particular purpose. phenix health makes no warranty that the content is accurate, timely, uninterrupted, virus- FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.

Limitation of Liability

in no event shall phenix health, its licensees (including the specialists and professionals utilising the website), or any third parties mentioned on the website be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not phenix health advised of the possibility of such damages.

Phenix Health, its licensees (including the specialists and professionals utilizing the website), or any third parties mentioned on the website are not liable for any personal injury, including death, caused by your use or misuse of the website. any claims arising in connection with your use of the website must be brought within one (1) year of the date of the event giving rise to such action occurred. you understand and agree that your use of the website is predicated upon your waiver of any right to participate in a class action suit for any losses or damages resulting from your use of the website.

Indemnification – You agree to defend, indemnify, and hold harmless Phenix Health, its affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from this Website, your use of this Website, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms of Use.

Notices – Any notices to you from Phenix Health regarding the Website or these Terms of Use will be posted on this Website or made by e-mail or regular mail.

Electronic Communications – When you visit this Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.

Entire Agreement – These Terms of Use, the Privacy Policy, and other policies Phenix Health may post on this Website constitute the entire agreement between Phenix Health and you in connection with your use of this Website including, without limitation, the User Portal, and supersedes any prior agreements between Phenix Health and you regarding use of this Website, including prior versions of these Terms of Use.

Governing Law; Severability of Provisions – The Terms of Use are governed by the law of the State of New South Wales.

No Agency Relationship – Neither these Terms of Use, nor any Content, materials or features of this Website create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.

Remedies – You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

Contacting Us – If you have any questions or concerns about these Terms of Use, please contact us at info@phenixhealth.com.au or at the mailing address provided below. We will attempt to respond to your questions or concerns promptly after we receive them.

These Terms of Use were last updated on January 21, 2021.

www.phenixhealth.com.au