Terms and conditions

Introduction

These Terms and Conditions form part of your agreement with Therago Pty Ltd a company duly incorporated and trading in Australia.

This website is offered as a directory for persons to access medical service providers. You acknowledge and accept that the medical practitioners listed in this website are independent of this website and that you hold Therago Pty Ltd in no way responsible for any representations, communications or actions made by the medical practitioner on this website.

The individuals and businesses listed on Therago are not employees, partners or agents or are they associated with Therago Pty Ltd in any manner.

By accessing our website, signing up for a service and registering as a customer you agree to be bound by and comply with these terms. These Terms & Conditions may be updated from time to time. If you do not accept these amendments, you cannot continue using Therago’s services. In case of amendments, your continuing usage of Therago’s services, constitutes your acceptance of the amended terms and conditions.

Becoming a User

In order to become a user with us, you must:

be aged 18 or older;
be an individual; and
provide an address and email address.

It is your responsibility to ensure that the information provided is accurate. You can update the information through your profile, or by contacting customer support.

You must not attempt to become a user or obtain an account if you do not meet these criteria. The information provided by you will always be treated in accordance with our Privacy Policy.

SECURITY

Therago Pty Ltd will not be held responsible for the confidentiality of your login credentials. User passwords can be changed at any time through accessing user settings. Any activity on individual user profiles is the responsibility of the user. If any unusual or suspicious activity is experienced, it is the user’s responsibility to notify Therago Pty Ltd . If users need assistance changing their login credentials, they may contact Therago Pty Ltd by email.
You acknowledge that we cannot confirm the identity of other users or prevent them from acting in false pretences. You acknowledge that you contact other users of this site whether online or beyond at your own risk.
Once user details are uploaded onto Therago, we cannot control the way in which profile content and information may be accessed or stored by other users or third parties. Therago Pty Ltd takes no responsibility for breaches of privacy or any damaged caused by other users howsoever caused.
Therago Pty Ltd is not responsible for monitoring any professional’s medical registrations and at no time will Therago Pty Ltd be held responsible in the event that a professional ceases to be a registered medical professional with the relevant regulatory body applicable to his/her field of medical expertise.
If you are a patient, you are not obliged to disclose any personal medical records or personal medical information on your profile. If you choose to disclosure any personal medical records or personal medical information on your profile, you do so at your own risk. Therago Pty Ltd will not be held responsible for the confidentiality of any personal medical records or personal medical information uploaded onto your profile.
You acknowledge that we cannot confirm the identity of other users or prevent them from acting under false pretences.
You agree to enter into an agreement for the provision of health services directly with the health provider. We will not be responsible to process any payments for services or any refunds you claim. You agree to pursue any rights you have for any claims, whether in contract or tort for any claim for moneys owed or damages, as a result of the services, directly with the health practitioner and you agree to these terms and will not make claim against us for any third party services of any health practitioner found on this site.

PROFILE CONTENT

Users must provide truthful information on their profiles.
Users may not post any material on Therago that is illegal, obscene, offensive, inappropriate or sexual.
Users may not post any material for which they do not own the rights. Therago Pty Ltd cannot be responsible if any such material is posted on Therago. Users may not post images of other people. However, this is acceptable as long as the user appears in the photograph. Images must not contain nudity.
Therago cannot be held responsible for any inaccurate content on the site posted by its users.

COPYRIGHT

Copyright in this web site (including text, graphics, logos, icons, sound recordings, image and video recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your jurisdiction, and except as expressly authorised by these Terms and Conditions, you may not in any form or by any means:

adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or
commercialise any information, products or services obtained from any part of this web site;

without our written permission.

TRADE MARKS

Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark.

If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

in or as the whole or part of your own trade marks;
in connection with activities, products or services which are not ours;
in a manner which may be confusing, misleading or deceptive;
in a manner that disparages us or our information, products or services (including this web site).

Our Liability

We do not accept responsibility for any loss or damage, including death or major injury and any ongoing disability, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use or reliance of this web site or any material on this website including any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this web site. To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included.

Therago Pty Ltd is not the author of any content in connection to the medical services offered by a medical practitioner or related business or the contents contained herein, including statements, representations, photos or videos posted by the medical practitioner. Responsibility for the content of any material of any medical practitioner profile appearing on this web site (including hyperlinks to any medical practitioners’ own web sites) rests solely with the medical practitioners. The placement of any medical practitioner profile on this website does not constitute a recommendation or endorsement by us of their services or products.

EXCEPTION TO DISCLAIMER

This disclaimer set out in these Terms and Conditions does not attempt or purport to exclude liability arising under statute if, and to that extent, such liability cannot be lawfully excluded.

General Restrictions

You must not:

use the website or service for activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
use the website or service in any way, or transmit to or via the website any material, which interferes with other users or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using the website or service;
make fraudulent or speculative enquiries, or requests;
use another person’s details without their permission or impersonate another person;
tamper with or hinder the operation of the website;
use any mechanism or technique to obtain the details of another customer;
knowingly transmit any virus, worm, defect, trojan or similar disabling or malicious device to the website;
modify, adapt, translate or reverse engineer any portion of the website;
remove or alter any copyright, trademark or other proprietary rights notices contained in or on the website;
create accounts by automated means;
use the website to violate the security of any computer or other network or engage in illegal conduct;
use the website or service other than in accordance with these terms ; or
Enable or permit another person to commit any of the above acts.
Post any offensive comments, behaviour or material.

We reserve the right to remove any offensive material or comments, or suspend or terminate accounts that breach these terms at our complete discretion without referring the matter to you prior.

LINKED WEB SITES

This web site may contain links to other web sites (“linked web sites”). Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked web sites.

Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.

Closing Accounts and Limiting Account Access

At our sole discretion, we reserve the right to close an account at any time for any reason, including but not limited to a violation of this Agreement.

Any of the following events may lead to your account being limited OR suspended:

Refusal to cooperate in an investigation or provide confirmation of identity when requested.
The account has been used in or to facilitate fraudulent activity.
Violations of this User Agreement.

Australian Agreement

These Terms and Conditions are governed by the laws in force in the State of New South Wales. In the event that the State of New South Wales does not have jurisdiction to hear matter relating to this agreement, then the laws of the Commonwealth of Australia will apply. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.