CP365

PLATFORM TERMS OF SERVICE

The Care Plan 365 Platform :

  1. is a user-friendly and integrated management platform for attention-deficit/hyperactivity disorder Care Plans (“ADHDCP”)

  2. enables health care providers and professionals to collaborate and implement a ADHDC with patients online; and

  3. is a provider platform accessible at https://cp365.health/ and a patient facing mobile app

    (together the "Platform").

These Terms set out how Care Plan 365 Pty Ltd ("Care Plan 365", "we", "us" or "our") offers our Platform and Services to you.

By accessing and using our Platform and Services, you agree to and consent to be bound by the Terms set out below.

  1. Who this applies to

    1.1 In these Terms, "you" and "Users" means:

    1. General Practitioners, participating Nurse Practitioners and psychiatrists using the Platform to complete ADHDCP and to refer Patients (“Referral Providers”);

    2. Health Care Professionals and ADHD Coaches that receive Referrals from Referral Providers and use the Platform to assist Patients with their ADHDCP. ("Providers");

    3. Any other medical specialists that use the Platform (“Providers”);

    4. Patients who are using the Platform, and are referred via the Platform, for their ADHDCP ("Patients"); and/or

    5. a person who browses, visits or otherwise uses the Platform or the Services.

  2. Definitions

    2.1 In these Terms, the following expressions have the following meanings, unless otherwise stated:

    “AASW” means the Australian Association of Social Workers;

    “Account” means your Care Plan 365 account that facilitates your use of the Platform;

    “ADHD” means Attention Deficit Hyperactivity Disorder;

    “ADHD Coach” means a Person that is trained to provide ADHD education and assistance with an ADHDCP to a Patient;

    “ADHDCP” means an ADHD and comorbid conditions Care Plan**;**

    “AHPRA” means the Australian Health Practitioner Regulation Agency;

    “Deposit Amount” is defined at clause 9.2(b);

    “Fees” means the Fees set out in clause 9, or as otherwise agreed by us or published by us on the Platform from time to time;

    “GP” means a general practitioner who is registered by the AHPRA and for the purposes of this Agreement, applied in the context defined in 1.1(a) ;

    “Intellectual Property Rights” means all present and future intellectual and industrial property rights throughout the world of whatever nature (whether or not registered or registrable), including, but not limited to, all rights in respect of technical information, know-how, copyright, trade marks, designs, patents, domain names, business names, logos, drawings, trade secrets, the right to have confidential information kept confidential or other proprietary rights, or any rights to registration of such rights;

    “Invoice” is defined at clause 10.1;

    “Platform” means our user-friendly and integrated management platform for ADHD treatment services and plans. It enables Referral Providers to complete a ADHDCP with their patients that can be worked on collaboratively, via a referral system, with Health Care Professionals and ADHD coaches). It is a web-based platform that is accessible at https://cp365.health/ ("Platform");

    “Providers” is defined at clause 1.1(b);

    “Material” means any information, data, source codes, drawings, content, text or images in any form (whether visible or not), audio recordings, video recordings, lists, sound, video, links, layout, look and feel, control features and interfaces contained on the Platform or otherwise displayed, uploaded or published on, or via, the Platform;

    “Medicare” means the universal health insurance scheme in Australia that provides subsidised healthcare to eligible Australian citizens and permanent residents.

    “NP” means a participating Nurse Practitioner;

    “Health Care Professional” means a AHPRA or AASW registered practitioner (as applicable) that practices as a General Practitioner, Nurse Practitioner, psychiatrist, clinical or general psychologist, trained social workers and occupational therapists, who specialize in a wide range of diagnostic, technical, therapeutic, and support services.

    “Patient” means, for the purposes of this Agreement, a patient who is referred via the Platform as described in clause 1.1(c);

    “Payment Processing Services” means any services that we provide pursuant to these Terms which are to be used to process payments in relation to the Charges;

    “Platform Service Fee” has the meaning given at clause 10.2.

    “Privacy Laws” means the Privacy Act 1988 (Cth), and any other applicable Australian privacy legislation including, without limitation, any health-specific privacy or data legislation;

    “Privacy Policy” means our privacy policy, available at: https://cp365.health/privacy-policy;

    “Provider Fee” has the meaning given at clause 10.1.

    “Referral” means a request by a Referral Provider to a Health Care Professional or ADHD coach for investigation, opinion, treatment and/or management of an ADHD diagnosis of a Patient;
    “Referral Provider” is defined at clause 1.1(a);

    “Registration Data” means information provided by you to us for the purposes of your registration to access certain sections of the Platform;

    “Services” refers to the Platform and any associated services we provide as set out in clause 5 pursuant to these Terms;
    “Session” means a professional attendance between a Referral Provider or Provider and a Patient to create or modify ADHDCP’s.

    “Terms” means these Platform terms of service, as may be amended by us from time to time, at our discretion;

    “Treatment Report” means a report provided by a Provider to the Referral Provider on completion of a course of treatment as required by the Medicare benefits scheme; and

    “User” means any person or entity using the Services, whether they are a Referral Provider, Provider, Patient, or a person who browses, visits or otherwise uses the Platform or the Services.

  3. About these Terms

    3.1 By registering with us and using the Platform, you indicate your acceptance of these Terms (including any of our applicable Fees) By accepting these Terms, you agree to the obligations imposed on you under these Terms and, in exchange, we agree to provide you with access to the Platform and our Services. If you do not agree to these Terms, you should immediately cease accessing the Platform and using the Services.

    3.2 We reserve all rights to alter these Terms at our discretion. Each time you use the Platform or Services, it is your responsibility to be aware of our current terms. Your continued use of the Platform following the posting of changes to these Terms will be deemed your acceptance of those changes.

    3.3 These Terms, as amended by us from time to time, continue to apply for the duration of your use of the Platform and Services or until terminated in accordance with clause 15.

  4. Purpose of the Platform

    4.1 The purpose of the Platform is to provide an integrated ADHD treatment management system that enables an ADHDCP to be created and worked on collaboratively between Referral Providers, Providers and Patients and, including where appropriate, sending electronic Referrals for Patients to Providers who can assist in achieving Patients’ ADHD treatment goals.

    4.2 The Platform will enable Referral Providers, Providers and Patients to perform ADHD assessments, access the ADHDCP and work collaboratively to document and track the Patient’s needs and progress.

    4.3 The Platform is to be used only for non-emergency, non-acute medical Referrals and ADHDCP. In cases of emergency, please contact emergency services immediately.

    4.4 If a Patient is experiencing an acute medical situation or other medical emergency, the relevant Health Care Professional (e.g. GP) should refer the Patient to appropriate acute medical services (e.g. emergency department, hospital) through means outside the Platform.

  5. Overview of Services

    5.1 We provide the Services as a Platform provider and Care Plan 365 does not in any way constitute a health care provider. We only operate the Platform and take no part in the provision of ADHD services. Providers on the Platform are independent, contracting professionals that are not employees, agents or representatives of Care Plan 365.

    5.2 Providers

    5.3 As a Referral Provider, you will be able to access the provider-facing part of the Platform to securely and digitally:

    1. add Patients and their ADHDCP to the Platform, as well as to send Referrals for your Patients, if applicable;

    2. add Patient personal and health information for the purposes of completing the ADHDCP and any Formal Reviews, or sending a Referral with consent from your Patient;

    3. receive notifications and tracking of any Referrals that you have sent through the Platform via an approved workplace email address;

    4. send an electronic referral to another Provider and explain the reasons for referring the patient, including any information about the patient’s condition and attach the ADHDCP and any other relevant medical documents or correspondence;

    5. manage all Referrals that have been sent within the secure database of the Platform;

    6. review Referral data and clinic activity;

    7. review Treatment Reports provided by other Providers;

    8. amend the ADHDCP as required, including to reflect Treatment Reports and Formal Reviews.

    5.4 As a Provider, you will be able to access the provider-facing part of the Platform to:

    1. receive Referrals, including the ADHDCP, from Referral Provider electronically, triage the referral and respond directly to the Referral Provider and Patient electronically;

    2. add Patient personal and health information for the purposes of receiving a referral, with consent from your Patient;

    3. add an ADHD Treatment Report for review by the Referral Provider;

    4. receive notifications and tracking of any Referrals that you have received through the Platform and via an approved workplace email address;

    5. triage, accept, forward, archive, return, schedule an appointment or waitlist any Referrals that have been sent;

    6. review Referral data and clinic activity; and

    7. Benefit from the Referral Provider Services.

      (“Provider Services”)

    5.5 Patients

    5.6 As a Patient, you will be able to:

    1. access, view and download a PDF copy of your ADHDCP and any referrals, through the Patient-facing part of the Platform;

    2. complete ADHD assessments and self-reports;

    3. receive notifications of any changes to your ADHDCP within the Platform; and

    4. receive notifications and tracking of any referrals that have been made on your behalf from the Referral Provider to the Provider via email and within the Platform.

      ("Patient Services")

  6. Using the Platform and Services

    6.1 Any information that we provide is supplied in good faith, but we do not guarantee the accuracy or completeness of any information provided by us or any third party, including any User. You agree that it is your responsibility to make enquiries as to the accuracy or completeness of any information inputted into the Platform.

    6.2 You agree that you will bear the sole responsibility for any activity that occurs on your Account. You must keep your Account details and password secure, as you are responsible for any activity on your Account (whether undertaken by you or anyone else). You agree to notify us immediately if you become aware of or suspect any security breach or unauthorised use of your password or Account.

    6.3 The Platform may contain links to other websites. Those links are provided for convenience only and may not be current. Any hyperlinks or banners advertising other websites on the Website, or external websites that advertise the Website, are not subject to our control or privacy standards, policies and procedures. We will not be responsible for the content or privacy practices associated with such linked websites and we recommend that you make your own enquiries as to the privacy and other policies of those third parties.

    6.4 You must take precautions to ensure that when accessing the Platform and Services, you do not expose your telecommunications or computer systems to viruses, malware or other forms of interference that may damage your telecommunications or computer systems. We are not responsible for any such damage to your telecommunications or computer systems which may arise in connection with your access to the Website and use of the Services.

    6.5 You may access support services via the Platform and by submitting enquiries to hello@cp365.health.

    6.6 We may, at our absolute discretion, terminate, suspend or delete your Account or restrict your access to the Services (or any part of the Services) for any reason without notice. This includes for security, technical, maintenance, legal or regulatory reasons or due to any breach of these Terms. If we do this, you may be prevented from accessing all or parts of the Services, your Account details or other content contained in your Account. We will not be liable to you for doing so.

    6.7 If you fail to comply with these Terms, we may, at our absolute discretion and without liability:

    1. immediately, temporarily or permanently withdraw your right to access and use the Services and the Platform (including the deletion of your Account);

    2. take any other legal action against you; or

    3. refer or report any suspected fraudulent, abusive or illegal activity to relevant law enforcement authorities.

  7. Registration

    7.1 To access the Services, you must register via the Platform and pass our Know Your Client (“KYC”) requirements. This involves providing us with the relevant information required to set up your Account. This includes for Referral Providers and Providers:

    1. Name

    2. AHPRA registration number or AASW accreditation (as applicable);

    3. Confirmation of attendance of an ICF accredited coaching program for ADHD coaches;

    4. Medicare Provider number;(a physical copy to be sent to Suite 112, 45 Glenferrie Road, Malvern VIC 3144);

    5. Contact details;

    6. Occupation details;

    7. Billing information (including Credit Card Details);

    and for Patients includes:

    1. Name;

    2. Date of Birth; and;

    3. Medicare Number;

    4. Contact details; and

    5. Next of Kin Contact details.

    and any other information that may be required by us or the provider for the purposes of submitting and/or receiving a Referral (Registration Data).

    7.2. We reserve the right to decline your registration request if you do not pass our verification process. In particular, all Referral Providers must be registered with AHPRA or AASW (as applicable) and no Referrals can be sent using the Platform until we can verify this information.

    7.3 ADHD coaches using the platform should be attending or have completed training that has been accredited by the International Coach Federation (ICF). We reserve the right to decline your registration request if you do not pass our verification process.

    7.4 If you provide Registration Data to us, you represent and warrant to us that the Registration Data provided is true, complete, accurate and up to date, and you undertake to maintain the truthfulness, completeness and accuracy of your Registration Data as necessary and/or as required by us.

    7.5 If you provide us with Registration Data, you consent to the following:

    1. we may use your Registration Data as required for the purposes of providing the Services;

    2. you will receive an email from us confirming the details of your registration and a link for access to your Account, providing you with necessary information relating to your access and use of the Services and any subscriptions to the Services made through your Account; and

    3. from time to time, we may email you regarding our Services or third-party products and services which we believe may be of interest to you, such as new products, services, features, special offers and updated information. The emails may contain code that enables our database to track your usage of the emails, including whether the email was opened and/or what links (if any) were clicked. We may combine that information with other information which we have about you and may use that information to improve your site experience and/or provide customised email communications to you.

    You acknowledge that we may use your Registration Data and any other personal information provided to us in accordance with our Privacy Policy.

  8. Privacy and Consent

    8.1 To engage with, refer or receive a Patient via the Platform, you must disclose the health information of that Patient. In providing or receiving the health information of a Patient via the Platform, you warrant that you have sought all required consents (including verbal and/or written consent) from the Patient (or a parent or guardian of a Patient who is a minor) to do so and that you have otherwise fully complied with any applicable Privacy Laws and all other relevant legislation and regulations pertaining to the collection, storage, use and disclosure of health information. You agree to indemnify us for any liability, costs and expenses (including our reasonable legal costs) which we incur as a result of a breach by you of your privacy obligations.

    8.2 We are committed to protecting privacy and personal information (including health data). Further details about our practices relating to the collection, use, disclosure and storage of personal information can be found in our Privacy Policy.

  9. How much do we charge for the Services?

    9.1 Provider access to the Platform is subject to certain fees, including:

    1. Platform Service Fees on issuance of a Patient Invoice;

    2. any other costs as agreed between the Provider and Care Plan 365.

      (“Fees”).

    9.2 Patient access to the Platform is subject to certain fees, including:

    1. Fees payable to the Provider, provided in the relevant invoice following a session with a Provider;

    2. a 50% Deposit Amount to be paid prior to the relevant Session, that is held on behalf of the Patient, and will be deducted from the Invoice; and

    3. a ‘no show’ fee, which will be the full Deposit Amount, in the case where a Patient does not attend a Session with the relevant Provider.

    9.3 All Fees are exclusive of GST unless otherwise specified.

  10. Fees and Payments

    10.1 Referral Provider and Provider Fees

    1. Referral Providers and Providers using the Platform shall be solely responsible for determining and communicating the Fees contemplated in clause 9.2 to Patients. Such Fees shall be determined in the sole discretion of the Provider and may be based on various factors, including the nature of the Service provided, the time spent, and the level of expertise required;

    2. Immediately following a Session, Referral Providers and Providers will issue Patients with an invoice for their Services (“Invoice”) which will be sent to the Patient;

    3. We are not responsible for the Fees set by each Referral Provider or Provider using the Platform and cannot adjust or change any set Fees on a Patient’s behalf; and

    4. Referral Providers and Providers agree to create and issue all Invoices to Patients exclusively through the Platform. Invoices must be generated within the Platform's specified format and include all necessary details to facilitate a payment transaction with the Patient.

    10.2 Platform Fees

    1. The Platform shall retain a portion of Fees as a Platform Service Fee. The specific percentage of the Platform Service Fee shall be determined by the Platform and may be subject to change from time to time. We will provide written notice whenever the Platform Service Fee will be subject to change by sending an email to the email address on the Providers account;

    2. Care Plan 365 reserves the right to automatically apply a Platform Service Fee to the total Invoice amount billed to Patients. This fee will be deducted from the Referral Provider or Provider's Invoice before payment is processed;

    3. The total Platform Service Fee to be applied to each Invoice and will vary between Providers. The Fee will be approved in writing between Care Plan 365 and the Provider prior to the Provider creating an account and using the Platform; and

    4. The Platform Service Fee will be in AUD currency unless otherwise stated and is inclusive of GST.

  11. Payment Process

    11.1 All Fees are processed immediately following the relevant Session.

    11.2 We use Payment Processing Services provided by Pin Payments, or any Payment Processing Services provider which we may in future elect to engage for the purposes of providing the Payment Processing Services (“the Payment Processing Service Provider”) to carry out payment of the Charges. Specifically, transactions will be processed via credit card or direct debit.

    11.3 Payments submitted via the Payment Processing Service Provider are subject to the terms and conditions published on the Payment Processing Service Provider website (“the Payment Processing Services Agreement”). By generating an invoice and using the Payment Processing Service Provider to process payments Referral Providers and Providers agree to be bound by the Payment Processing Services Agreement, which may be modified by the Payment Processing Service Provider from time to time. As a condition of enabling Payment Processing Services through the Payment Processing Service Provider, Referral Providers and Providers agree to provide us with accurate and complete information about you and your business, and you authorise us to share it and transaction information related to your use of the Payment Processing Services provided by the Payment Processing Service Provider in accordance with our Privacy Policy.

  12. Medicare and Private Health

    12.1 Patients who are eligible for a Medicare rebate, subject to Australian Government Medicare regulations, may receive a rebate on the relevant Invoice provided by the Provider.

    12.2 Rebate process for Referral Providers and Providers

    1. The Referral Provider or Provider will submit a claim to Medicare on behalf of the Patient following the Session and will include the corresponding Patient Medicare item numbers;

    2. Once the rebate is processed by Medicare, the claim amount will be deposited to the Platform;

    3. The Platform will pay the full claim amount received from Medicare, excluding the Platform Service Fee, back to the Providers nominated bank account; and

    4. It is the Platforms responsibility to make any relevant enquiries to Medicare in the event that a Patients Medicare rebate is rejected.

    12.3 Rebate Process for Patients

    1. Patients are responsible for ensuring they are eligible for the Medicare rebate and have provided the correct Medicare number when creating an account on the Platform;

    2. Eligible Patients must have a relevant ADHDCP and must have received a referral from a Referral Provider;

    3. The Patient may be responsible for any outstanding balance of the Invoice if the total Invoice amount is only partially covered by Medicare or in the event that their claim is rejected.

    12.4 Private Health Insurance

    1. Patients may be eligible to claim back the cost of a Session through their private health insurance; and

    2. Patients are responsible for checking their own health insurance policy to see what is covered and to book a Session with a suitable Provider.

  13. Cancellation

    13.1 A Patient may cancel their booking at any time by contacting the relevant Referral Provider or Provider via the Providers contact details provided to them on the Platform.

    13.2 A Patient should identify their scheduled Session and contact details when submitting a request for cancellation to a Provider.

    13.3 In the event that a Patient cancels a Session with less than 24 hours notice, a cancellation fee will be incurred. The cancellation fee will be the total Deposit Amount you have paid to secure the Session, and this amount will not be refunded or released.

    13.4 If a Session is cancelled by a Patient with more than 24 hours’ notice, the Patient will be refunded the full Deposit Amount.

    13.5 If you fail to attend your Sessions and have not requested for the Session to be cancelled 24 hours in advance of the Session, the Session will be considered missed, and the Deposit Amount will be non-refundable.

    13.6 We reserve the right to cancel your Session if you do not pay the Deposit Amount in advance of your Session.

    13.7 If your Session is cancelled by a Referral Provider of Provider due to an unforeseen event or unavailability of the relevant Provider, you will be entitled to a full refund of the Deposit Amount.

  14. What are your obligations?

    14.1 You must at all times comply with your obligations under these Terms and fulfil your obligations in a timely manner. A failure to comply with these obligations may, at our absolute discretion, result in the suspension or termination of your Account.

    14.2 You may not use this Platform other than for its intended purpose as set out in clause 4 or as otherwise communicated to you by us.

    14.3 You must not advocate, support or practise discrimination based on race, religion, age, national origin, language, gender, sexual orientation, or mental or physical handicap.

    14.4 While acting as a Referral Provider you must:

    1. act in the best interests of the Patient;

    2. collect only relevant health information in a Referral that is sent over the Platform, and ensure that all relevant Privacy Laws are complied with in this process;

    3. send Referrals through the Platform to appropriate Health Care Professionals and ADHD Coaches (Providers);

    4. only disclose and share a Patient’s health information through the Platform to Providers and any other Users in relation to a Referral and with the full consent of the Patient; and

    5. where relevant and agreed by us, only send Referrals to us or Health Care Professionals external to the platform as deemed appropriate by you in the care of the Patient.

    14.5 While acting as a Provider you must:

    1. act in the best interests of the Patient;

    2. act on any Referral received through the Platform as is expected of a Health Care Professional or ADHD Coach in their line of duty;

    3. be responsible for managing a Referral received through the Platform and any subsequent actions or necessary care required for the Patient, including without limitation in respect of any actions or necessary care or communications with healthcare providers external to the Platform or any of its users; and

    4. communicate appropriately with the Referral Provider, the Patient and any other relevant health and care organisations, providers and professionals external to the Platform in the best interests of the Patient.

    14.6 At all times Referral Providers and Providers must act in the best interest of the relevant Patient and may communicate outside of the Platform as required to advance the Referral.

    14.7 Any complaints regarding abuse or derogatory behaviour on the part of any User may see such User(s) removed from the Platform, result in the termination or suspension of their account and/or lead to restricted access to the Services, at our absolute discretion.

    14.8 You acknowledge and agree that, in order for us to be able to provide the Services to you without interruption you will, at your cost, at all times:

    1. co-operate with and reasonably assist us to provide the Services;

    2. promptly provide us with full and accurate information, data and explanations with regard to any dispute, complaint, issue or otherwise that may arise, as and when required; and

    3. inform us of any abusive, allegedly abusive, or unlawful behaviour from any User on the Platform;

    4. You must procure all necessary consents or authorisations from any third parties which may be required from time to time in order for us to be able to provide the Services to you.

  15. Termination of access to Platform and/or Services

    15.1 In addition to our rights under clause 6 and any other agreement between us, we may, at our absolute discretion, terminate these Terms or cease to supply you with the Services, if:

    1. it transpires that you have provided false or misleading information via the Platform;

    2. you are found by us to be offensive or abusive to any User;

    3. you accumulate repeated reports of User dissatisfaction, to be determined at our discretion;

    4. you no longer hold all legal authorisations required to operate via the Platform. For example, if a Referral Provider or Provider is found not to be a registered Health Care Professional and/or the relevant AHPRA registration number, or AASW accreditation, is invalid, expired or does not exist;

    5. you do not comply with your obligations under these Terms; or

    6. it is commercially reasonable for us to cease providing the Services to you (at our discretion acting reasonably).

    15.2 We may terminate your access to the Platform or our supply of Services to you immediately if you fail to pay any relevant invoices and such sum remains unpaid for 14 days after notice has been given to you that such sum has not been paid.

    15.3 Without limiting any other clause in these Terms, if a Provider fails to address a Referral sent to you through the Platform and does not communicate adequately or in a timely fashion with the Referral Provider or Patient, we may immediately terminate these Terms or cease to supply you with the Services.

    15.4 Unless otherwise agreed with us in a separate agreement, a Patient, Referral Provider or Provider**,** may terminate the arrangement at any time by ceasing to use the Platform and notifying us. Any Account which is inactive for 90 days will be temporarily disabled with Patient data stored in accordance with the Privacy Policy.

    15.5 If your access to the Services is terminated for any reason, we will be entitled to payment for all outstanding Charges properly incurred by us up to the date of termination and any Charges incurred during any applicable notice period or otherwise specified in these Terms.

    15.6 Following termination, your Account will be closed and Referral Providers and Providers will not be able to send or receive any further Referrals or information through the Platform. You will continue to have access to any pre-existing Referrals or information in your Account or through the Platform for 30 days following termination. After this 30-day period you will not have any access to Referrals or information on the Platform and we will store all Patient data in accordance with the Privacy Policy. It is your responsibility to download and store any Referrals required for your own record keeping obligations.

  16. Warranties

    16.1 We will, within a reasonable period of time, investigate any alleged error or another issue regarding any of the Services, provided that you notify us in writing within seven (7) days of becoming aware of the error or other issue and give us all necessary information to be able to investigate the error or other issue. Notwithstanding, you agree that our liability will be limited in any event to the right to attempt redelivery of the Services to you, and otherwise in the manner set out in these Terms.

    You agree to use your reasonable endeavours to ensure that the information you supply to any User or to us is complete and accurate and notify us (and, if relevant, the User(s)) in writing if there is any change to the information supplied.

    16.2 Except as provided in these Terms, no further warranty, condition, undertaking or term, express or implied, statutory or otherwise, as to the condition, quality, performance or fitness for purpose of the Services provided in accordance with these Terms is given by us, other than as required by law. All implied warranties are hereby excluded.

    16.3 Nothing contained in these Terms excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state or territory legislation where to do so is unlawful.

  17. Liability

    17.1 Care Plan 365 does not provide any direct patient care, medical or other health care interventions, diagnosis, advice or treatment whatsoever.

    17.2 You acknowledge that the responsibility of the health care and medical treatment of a Patient is that of the relevant Referral Provider, and if accepted, the relevant Provider, and not the responsibility of Care Plan 365 or its personnel under any circumstances.

    17.3 By including a Referral Provider or Provider on the Platform, we do not make any warranty or guarantee regarding:

    1. the work or advice provided by such Users;

    2. whether such Users will respond to Referrals or enquiries on the Platform or the time within which such responses will be made;

    3. the appropriateness of any ADHDCP or Referrals from such Users; or

    4. any other information regarding Users on the Platform.

    17.4 To the extent permitted by law, we will not be liable for any loss, expenses, liabilities, costs or damage caused by viruses, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of any part of the Platform or downloading of any material or content posted on it, or on any website linked to it. We recommend that you have up-to-date virus checking software installed.

    17.5 To the fullest extent permitted by law, we are not responsible for dealing with, and not liable for, any disputes or complaints made by you or any User in relation to the ADHDCP, Referrals or information on, or via, the Platform (including any dispute or complaint regarding Patient treatment).

    17.6 You agree that we will not be liable for any indirect, consequential, special or exemplary losses, expenses or liabilities or any loss of profits, loss of revenue, economic loss, loss of goodwill, loss, corruption or alteration of data, failure to realise anticipated savings, insurance costs, medical negligence claims, medical or healthcare costs, loss of opportunity, expectation loss or loss of production arising out of, or in connection with, the provision or use of the Services, the Platform or these Terms.

    17.7 You agree that, in any event, our maximum aggregate liability to you under these Terms will be the total Fees that you have paid in the 90 days preceding the claim.

    17.8 You acknowledge and agree that the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the parties.

    17.9 This clause 17 survives termination or expiry of these Terms.

  18. Indemnity

    18.1 To the fullest extent permitted by law, you agree that you waive, release, discharge and relinquish any and all claims that you have now or may have against us which are connected with, arise out of, relate to or are incidental to the provision of the Platform and your use of the Services.

    18.2 You indemnify us, and hold us harmless, from and against any and all claims, loss, damage, taxes, liabilities and/or expenses that may be incurred by us arising out of, or in connection with, your use of the Platform, the Services and any breach by you of these Terms.

    18.3 You agree and acknowledge that we will not be liable or responsible for any loss or damage suffered by any User due to your actions, and you will indemnify us from and against any and all claims by any User in relation to any and all content created by you or any actions by you.

    18.4 In providing or receiving personal or health information of a Patient via the Platform, you warrant that you have sought all required consents from the Patient to do so and that you have otherwise fully complied with any applicable Privacy Laws and all other relevant legislation and regulations pertaining to the collection, storage, use and disclosure of health information including all applicable legislation and regulations in your jurisdiction of practice. You agree to indemnify us for any liability, costs and expenses (including our reasonable legal costs) which we incur as a result of a breach by you of your privacy obligations.

    18.5 This clause 18 survives termination or expiry of these Terms.

  19. Intellectual Property

    19.1 You acknowledge that all Intellectual Property Rights in the Services and Platform are the property of us (or our licensors) and your use of, and access to, the Services, and Platform does not give you any rights, title or interest in or to the Services, or Platform. Unless expressly authorised either under these Terms or otherwise by the licensors, you may not reproduce, adapt, modify, display, perform or distribute the Services or Platform or any part of the Services or Platform.

    19.2 You may not modify or copy the layout or appearance of the Services or any computer software or code contained in the Services, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Services.

    19.3 We grant you, for the duration of these Terms as determined in accordance with clause 3.3, a non-exclusive, non-transferable and revocable licence to use the Intellectual Property Rights embodied in the Services only to the extent necessary for you to use the Services and Platform for your business purposes.

    19.4 By uploading, posting, transmitting or otherwise making available any Material via the Services or Platform, you:

    1. grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use, publish, reproduce and otherwise exploit that Material in any form to enable us to provide the Services and Platform and unconditionally waive any moral rights that you might have in respect of that Material; and

    2. represent and warrant that you either own the Intellectual Property Rights in that Material or have the necessary permission to upload, post, transmit or otherwise make available that Material via the Platform.

  20. Unavoidable Events

    20.1 We will not be liable to you if we are prevented from, or delayed in, providing the Services due to acts, events, omissions or accidents beyond our reasonable control (“Unavoidable Events”). Where an Unavoidable Event occurs, we will attempt to recommence provision of the Services as soon as reasonably practicable.

  21. Dispute Resolution

    21.1 If you have a complaint about the performance of these Terms or the Services, you will contact us at hello@cp365.health in the first instance and allow us reasonable time to consider your complaint, determine a possible solution and notify you of the solution.

    21.2 This clause 21 survives the expiry or termination of these Terms.

  22. Linking to the Platform

    22.1 You may link to the Platform, provided that you do so in a way that is fair and legal and does not damage, or take advantage of, our goodwill. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by us where none exists.

    22.2 We reserve the right to withdraw linking permission under this clause 22 by updating these Terms or by notice to you.

  23. General

    23.1 We may assign, sub-contract, or otherwise transfer any or all of its rights and/or obligations under these Terms. You may only assign, subcontract, or otherwise transfer any or all of your rights and/or obligations with our prior written consent, which can be refused at our absolute discretion.

    23.2 A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.

    23.3 We and you are independent. No contractor, agency, partnership, joint venture, fiduciary or employment relationship is created by these Terms. Neither we nor you will have, nor represent that we or you have, any authority to make any commitments on the other party's behalf except expressly pursuant to these Terms.

    23.4 Any provision of these Terms that is found to be void or unenforceable will, to the extent that it is void or unenforceable, be severed from these Terms without affecting the enforceability or validity of any other provisions.

    23.5 These Terms are governed by the laws of Victoria, Australia. The parties unconditionally submit to the exclusive jurisdiction of the courts exercising jurisdiction there.

    23.6 These Terms and any document expressly incorporated in it contains the whole agreement between us and you in respect of the subject matter of these Terms and supersedes and replaces any prior written or oral agreements, representations or understandings between the parties. The parties confirm that they have not relied on any representation that is not expressly incorporated into these Terms.

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