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Terms and Conditions

Terms and Conditions for use of the HealthStencil Website

HealthStencil PTY LTD (HEALTHSTENCIL, we, us or our) ACN 650376766 is the owner and operator of the ‘HealthStencil’ (https://healthstencil.com/) website (Website).

Thank you for using the Website.

Please read through the following terms and conditions (Terms). The Terms will form an agreement between you and HEALTHSTENCIL which will govern your use of the Website.

By accessing the Website, you acknowledge and confirm that you have read and understood these Terms, and you agree to comply with these Terms.  

Failure to comply with these Terms may result in termination, suspension or restriction of your access to the Website without notice.

If you disagree with any of these Terms, please do not use the Website.

Privacy

  1. Our privacy policy forms part of these Terms and describes the way we handle ‘personal information’ (as defined in the privacy policy). Our privacy policy can be found here: Privacy Policy.
  1. You warrant that you have obtained the consent of any third party whose personal information you provide through the Website.
  1. If you are a health service provider user of the Website, you must not disclose any identifying patient/client personal information from the Website or by using the Website to any other health service provider user or any other third party without the consent of the patient/client.  These requirements do not apply in respect of any de-identified information (where the information is no longer about an identifiable patient/client or a patient/client who is reasonably identifiable).

Intellectual property

  1. Unless expressly stated otherwise, we are the sole owner of all the copyright, trade marks, trade names, patents and other intellectual property rights created, developed, subsisting or used in or in connection with the Website, whether or not you contribute to such material.
  1. Except to the extent permitted by the ‘Limited Licence’ in these Terms below, or as required under law, the Website must not be accessed, used, republished, reproduced, copied, sold, modified, or otherwise exploited (in full or in part), without our express written consent.

Limited Licence

  1. We grant you a limited, revocable, and non-exclusive licence to access and use the Website (Limited Licence). The rights granted to you by the Limited Licence are personal, and are intended to allow you to access and use the Website for the purposes of providing details of the health status (if you are a patient/client user), and use of this information by health service provider users as part of their assessment and management of patient/client users (if you are a health service provider user).  You must not access or use the Website for any other purpose, including commercial purposes.

Use of Website

  1. The Website and information and functionality provided by the Website is intended for and applicable to Australian audiences only.  The Website should not be used by persons located outside of Australia.  If you are located outside of Australia and use the Website you do so at your own risk and are responsible for assessing the relevance and accuracy of the information contained in the Website and complying with the laws at the location from which you access and use the Website.
  1. If you are a health service provider user of the Website, you warrant that you are a health practitioner who is qualified and registered in accordance with all applicable laws and requirements which apply to the health profession which you practise.
  1. You must not make any part of the Website and information provided through the Website available as part of another application or website in any manner without our express written consent.
  1. You must not use any device, application, software, item or equipment, or take any action, which does or may affect the operation of the Website, including any attempts to overload, flood or crash the Website, or its related networks, services or hosts.  In addition, you must not without our express written permission use any device, application, software, item or equipment, or take any action, for the purposes of data extraction or ‘data scraping’ from the Website, including through facilitation or implementation of any automated processes using a bot or web crawler.
  1. We may provide links to or information from third party applications or websites through the Website.  We may also provide example assessment and management information for health service provider users through the Website. No information contained in the Website or made available through the Website by users is intended to be used as health or medical advice, nor is the Website intended to diagnose, treat, cure or prevent and health condition or be used for any therapeutic purposes, and users must not rely on the Website for these purposes.  You are responsible for assessing the relevance and accuracy of the information contained in the Website or made available through the Website by users including any information provided by third parties.
  1. You acknowledge and agree that the Website only facilitates provision of information between patient/client users and health service provider users of the Website, and does not provide any supervision or monitoring activity on or through the Website.   Additionally, you acknowledge and agree that if you are a patient/client user you are solely responsible for obtaining appropriate professional medical advice in relation to your health status, and if you are a health service provider user you are solely responsible for assessment and management of patient/client users and you must exercise your independent professional skills and judgment in such assessment and management.
  1. We do not endorse the content of any third party links in the Website, nor do we claim that information provided by any such third parties is accurate.  You may contact us if you believe the Website contains materials or links that you believe are inappropriate.    
  1. Linked third party applications or websites may have their own terms and conditions of use, and you should familiarise yourself with those terms and conditions when using such third party applications or websites.
  1. We are in no way responsible nor liable for the content of such third party applications or websites.

User generated content

  1. As a Website user, you may enter, upload or otherwise provide content or information to the Website (User Generated Content).
  1. You warrant, in respect of any User Generated Content that you provide to the Website or share with any other users of the Website, that you have the right to provide such User Generated Content, and the provision or use of such User Generated Content does not breach these Terms or applicable laws or the intellectual property rights of any third party.
  1. You agree that you are solely responsible for all User Generated Content that you provide to the Website or share with users of the Website.  
  1. We do not endorse any User Generated Content, nor do we claim that any User Generated Content is accurate.  We are in no way responsible nor liable for User Generated Content.
  1. We are not responsible for providing any supervision or monitoring of User Generated Content on the Website. However, we reserve the right to restrict or remove access to any User Generated Content at our absolute discretion, including but not limited to circumstances in which the User Generated Content is in breach of these Terms.

Payment for paid subscription services

  1. The Website may offer a paid monthly and/or annual subscription service for health service provider users of the Website (Paid Provider Service) which can be purchased directly from the Website.
  1. All Paid Provider Service fees must be paid in advance.  Paid Provider Service fees will be billed automatically at the start of the monthly or annual period, as applicable.  These fees will automatically renew until you cancel your Paid Provider Service subscription using your account page provided by the Website.  If you cancel your Paid Provider Service the cancellation will take effect at the end of your current monthly or annual billing period, as applicable. When your Paid Provider Service ends, any assessment or management templates you have created will become inactive. You may renew your Paid Provider Service subscription at any time.
  1. If you choose to register for a Paid Provider Service you agree to pay the Paid Provider Service fees and any associated taxes. We reserve the right to change the Paid Provider Service fees and any associated taxes at any time by providing you with reasonable advance notice of any such change.  Subject to applicable law, you agree to accept any changes to the Paid Provider Service fees and any associated taxes by continuing to use the Paid Provider Service after the price change takes effect. If you do not agree with the changes to fees, you may reject the change by cancelling your Paid Provider Service subscription prior to the change taking effect.
  1. Paid Provider Service subscriptions will be provided in accordance with the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) and other applicable law.  If you wish to receive a refund of any Paid Provider Service fees, you must contact us using our contact details provided by the Website.

Limitation of Liability and Indemnity

  1. We do not make any warranties or representations regarding the quality or accuracy of information provided through the Website.
  1. The Website must be used for information purposes only. The Website allows you to provide details of your health status if you are a patient/client user, and health service provider users can use this information as part of their assessment and management of patient/client users.  We may also provide example assessment and management information for health service provider users through the Website. However, such information provided through the Website does not constitute health, medical or any other form of advice. Such information is provided ‘as is’ without warranty of any kind, express or implied, to the extent permitted by law, and we do not sponsor, endorse or approve of such information.
  1. To the extent permitted by law, we are not responsible for and you release us from all liability (including in negligence) in respect of any losses, damages, injury to property or person, and costs incurred or suffered directly or indirectly in connection with your use of the Website or in connection with any information contained in the Website.
  1. We are not responsible for the deletion or otherwise unavailability of information or functionality contained in or accessed through the Website.
  1. To the extent permitted by law, you agree to indemnify us and hold us harmless against any losses, damages, injury to property or person, and costs incurred or suffered directly or indirectly in connection with: any breach by you of these Terms; any User Generated Content that you provide to the Website or share with users of the Website; and any breach by you of any applicable law or the rights of a third party (including any third party intellectual property rights).

Updates to the Website

  1. We may from time to time amend or update the content or functionality of the Website. We may do so at any time in our absolute discretion and without prior written notice to you.

Updates to these Terms

  1. We may from time to time amend or update these Terms at any time by publishing new Terms on the Website. You are bound by any such new Terms where you continue to use the Website after any such amendment or update of the Terms.  You are responsible for reviewing the Website periodically to check for any amendment or update of the Terms.  

Miscellaneous

  1. Any provision of these Terms which is found to be invalid or unenforceable must be read down, if possible, so far as to be valid and enforceable, and if that is not possible, the provision must, to the extent that it is capable, be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms.
  1. These Terms are governed by the laws of the State of Victoria, and each party submits to the exclusive jurisdiction of the courts of the State of Victoria.
  1. If you access or use the Website in the capacity of an authorised representative of another person or entity, you acknowledge and agree that you are legally authorised to bind that other person or entity to these Terms.