GPNow Terms of Service

GPNow Terms of Service
We, Practice Innovators International Pty. Ltd., our subsidiaries, branches, and controlled entities, its officers, employees, directors, parents, affiliates, agents or licensors (“GPNow”, “we”, “our”, “us”), welcome persons who access and/or register (“you”, “your”) on our website and service to our service (including all forms of access – website, apps, etc.) (the “Website”). We ask that you review these terms and conditions, which are intended to constitute a binding agreement that governs your use of this Website (“Terms of Service”) and your use of this Website in any form whatsoever will constitute your agreement to these Terms of Service.

PLEASE DO NOT USE OUR SERVICES OR THIS WEBSITE TO SEEK MEDICAL SERVICES FOR SOMEONE WITH SYMPTOMS THAT REQUIRE IMMEDIATE MEDICAL ATTENTION. CALL YOUR LOCAL MEDICAL EMERGENCY HELPLINE FOR AN AMBULANCE OR GO TO THE NEAREST HOSPITAL ACCIDENT & EMERGENCY DEPARTMENT IMMEDIATELY IF YOU HAVE AN EMERGENCY MEDICAL NEED.

1. Access
By accessing this Website at http://gpnow.net, you are agreeing to be bound by these Terms of Service, all applicable laws and regulations, and agree that you are responsible for your compliance with the Terms of Service and any applicable local laws. You will be granted a limited, non-exclusive, non-transferable and revocable license to access this Website and your access privileges are conditional on your ongoing compliance with these Terms of Service.

By agreeing to grant you access to this Website, we do not obligate ourselves to do so or to maintain this Website, or to maintain it in its present form, and we expressly reserve the right to modify, suspend or terminate your access privileges whether as a result of your failure to comply with these Terms of Service or otherwise. You agree and understand that we may, in our sole discretion and without any prior notice, close this Website or deny you access to it.

If you do not agree with any of these terms, you are prohibited from using or accessing this Website. This Website is for use by independent adults over the age of 18 years and is not to be used by those under the age of 18. However, this Website may be used by adults to discuss healthcare concerns regarding their children under the age of 18.

The materials contained in this Website are protected by applicable copyright and trademark law.

2. Use License
Original material which we post on this Website (“the Content”) is protected by intellectual property laws. This includes but is not limited to content which is created and owned by us. Such Content includes, but is not limited to photographs, images, illustrations, text, video clips, audio clips, designs, logos, trademarks, trade dress and other materials contained in this Website, as well as the software used in the design and development of this Website.

You are hereby granted a limited, non-exclusive, non-transferable and revocable license to use the Content, but solely while accessing this Website. The name and mark “GPNow” and all other GPNow related marks depicted on this Website, whether registered or unregistered, are our trademarks or service marks. All rights to use the Content are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on this Website, electronic reproduction, adaptation, distribution, performance or display is prohibited. Commercial use of any of the Content is strictly prohibited. Use of any of our trademarks as metatags on other websites also is strictly prohibited. You may not display this Website in frames (or any of the Content via in-line links) without our express written permission. For the avoidance of doubt, all material contained on this Website is our property or that of our partners or licensors.

By using this Website, you agree that any information you provide is true and accurate, is not misleading, and is offered in good faith. You are only permitted to access this Website for personal use. You agree not to use this Website for any commercial, business or re-sale purposes. You further agree, at your own expense, to defend and indemnify us and hold us harmless against any and all claims which may be made against us, and any and all losses we suffer or incur, as a result of your violation of any of the terms of the Terms of Service.

3. Virtual Healthcare Services
We provide a virtual healthcare service that consists of online video, audio and text medical consultations and information, as well as prescriptions and referrals.

This Website and GPNow are not your doctors. We disclaim any use of this Website for the provision of any emergency services or care for acute medical conditions or where treatment/diagnosis in-person is required. This Website is in no way designed or intended to allow for the services rendered through it to replace the services of your regular doctor or a hospital.

The information and advice provided by a doctor or other healthcare professional (together, “Healthcare Professionals”) on this Website should be used to increase your awareness of the medical options you may have available to you. This information is highly unlikely to be appropriate or sufficient in circumstances of emergency, where a physical examination and intervention is likely required.

The information and advice provided by the Healthcare Professionals on this Website is based on the information you have provided to this Website and the Healthcare Professionals you are interacting with. We are not responsible for false or incomplete information provided by you that may affect the advice provided to you by the Healthcare Professionals on this Website. Further, you are solely responsible for understanding any information provided to you on this Website.

Please note that there are potential risks associated with the use of this Website which include, but may not be limited to:

In rare cases, information transmitted may not be adequate (e.g. poor resolution of images) to allow for the Healthcare Professionals to advise you or for him/her to continue the consultation;
Delays in evaluation could occur due to failures of the electronic equipment used for communicating between you and the Healthcare Professionals. If this happens, you may be contacted by phone or other means of communication;
In rare cases, a lack of access to all of your health records may result in adverse drug interactions or allergic reactions or other judgment errors; and
Although the electronic systems we use will incorporate network and software security protocols to protect the privacy and security of health information, in rare instances, security protocols could fail, causing a breach of privacy of personal health information.
The Patient agrees to the assignment of the Medicare benefit directly to the provider where applicable

4. Disclaimer
The materials on this Website are provided on an as is basis. GPNow makes no representations or warranties, express or implied, and hereby disclaims and negates all other representations or warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, GPNow does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this Website or otherwise relating to such materials or on any sites linked to this Website.
You acknowledge and agree that GPNow does not offer, hold itself out as providing nor provide nor in any of those cases purport to provide medical advice, diagnosis, or treatment, and is strictly a technology platform and infrastructure for connecting patients with independent third party Healthcare Professionals. You acknowledge and agree that the Healthcare Professionals using this Website are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all medical services, advice, instructions, treatment decisions, and other professional health care services performed; and that all diagnoses, treatments, procedures, and other professional health care services will be provided and performed exclusively by or under the supervision of such Healthcare Professionals, in their sole discretion, as they deem appropriate. GPNow does not make any express or implied warranties or representations in connection with any Healthcare Professionals including whether or not they are validly licensed to practice medicine, or are qualified to advise in their purported area of specialty.
5. Limitations
You understand that to the extent permitted under applicable law, GPNow will, in no event, be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses arising out of or related to your use of this Website, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

6. Accuracy of materials
The materials appearing on this Website could include technical, typographical, or photographic errors. GPNow does not warrant that any of the materials on this Website are accurate, complete or current. GPNow may make changes to the materials contained on this Website at any time without notice. However, GPNow does not make any commitment to update such materials.

7. Third Party Content
This Website may contain images, materials, information, news, advertisements, listings, blogs, data, text, songs, audio, videos, graphics, software, webcasts, podcasts, broadcasts, messages, software and other material (“Third Party Content”) licensed to GPNow for use on this Website. Such content is the sole property of its respective owners. Except to the extent required for the limited purpose of viewing Third Party Content on this Website, electronic reproduction, adaptation, distribution, performance or display of Third Party Content is prohibited. This Website may also contain references to third-party trademarks and names. Such trademarks and names are the sole property of their respective owners.

This Website may also contain hyperlinks and other links to sites operated by publishers other than GPNow including, but not limited to, content distributed by GPNow but owned by third parties (“Hyperlinks). Such Hyperlinks are provided for your reference and convenience only. These linked sites are not under GPNow’s control and are be governed by their own terms of use if any. We have not developed or reviewed the content appearing in or on such linked sites and you agree not to hold us responsible for the content or operation of such linked sites. A Hyperlink does not and should not be deemed to imply that GPNow in any way endorses, sponsors or supports the content, operator or owner of such linked sites. You understand that this Website or the linked sites may contain illegal or objectionable content or dangerous viruses or other disabling or harmful components. If you decide to access this Website or any third party sites linked from this Website, you do so at your sole and exclusive risk. You assume complete responsibility for any loss or injury sustained by you as a user of any linked site, including those caused by malicious actions of third parties in relation to infection by computer virus programs, malicious code or unwanted software that may infect your computer after selecting a link to a third party website provided on this Website, or any harm whatsoever that may come about from the use of any content on this Website. We make no representation or warranty in connection with any of the linked sites, including whether or not they will conform to any description thereof or perform any desired operations or functions, be uninterrupted or error-free, or be free of viruses, worms, trojan horses or other disabling or harmful components. We do not represent or endorse and hereby disclaim any obligation or responsibility to verify the correctness, quality, accuracy, reliability, performance, completeness, timeliness, or continued availability of any of the content contained on linked sites. No guarantee is made that the Hyperlinks will successfully direct you to the intended third-party website, that such website remains available for viewing or that you are not re-directed to an unintended third party website in error or by the action of third parties.

Payment processing services for Healthcare Professionals on GPNow are provided by Stripe, Inc., 185 Berry Street, Suite 550, San Francisco, CA 94107 (“Stripe”) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms of Service or continuing to operate as a Healthcare Professional on GPNow, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of GPNow enabling payment processing services through Stripe, you agree to provide GPNow accurate and complete information about you and your business, and you authorise GPNow to share it and any transaction information related to your use of the payment processing services provided by Stripe.

8. Modifications
GPNow may revise these Terms of Service for this Website at any time without notice. By using this Website, you are agreeing to be bound by the then current version of these Terms of Service.

9. Privacy
In general:

We collect information about you that you provide to us and from cookie files. We use this information for internal analysis or to contact you about offers or promotions that we sponsor. We will not knowingly provide any of this information (except in such form that do not identify you as a visitor to this Website) to third-parties unless we obtain your permission or are compelled to do so by a court order. You agree to respect the privacy rights of other visitors by not publishing any email addresses obtained at this Website.

Privacy policy:

Subject to Clause 3(d), GPNow is required to comply with local healthcare privacy and security laws and maintain safeguards to protect the security of your health information. In addition, the information you provide to your Healthcare Professional during a medical consultation or therapy session is legally confidential, except for certain exceptions as more fully described in our Privacy Policy, which is incorporated into and forms an integral part of these Terms of Service.

10. Governing Law
These Terms of Service are governed by and shall be construed in accordance with the laws of England and Wales. All disputes arising under or in connection with these Terms of Service will be settled in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The tribunal shall consist of 1 arbitrator appointed by GPNow. The seat of the arbitration shall be in Singapore and language of the arbitration shall be English. Any arbitral award will be final, non-appealable and binding on the parties. Judgment upon an award rendered may be entered in any court having competent jurisdiction.

11. Questions, complaints and contacts
If you have any questions or complaints about the Terms of Service, send an email to care@gpnow.net or by postal mail to the address below:

Practice Innovators International Pty. Ltd.

Level 2, 100 Havelock Street,

West Perth, WA 6005

Dated: 22 March 2018