Terms And Condition

  • Terms

    • These terms together with any additional terms, conditions, policies notices and disclaimers on our Website apply to the use and access of the Website, Accounts and the terms of Membership (Terms). Please carefully read these Terms before using the Website.
    • By accessing or using the Website, you acknowledge and agree to be bound by and comply with the Terms which constitute a contract between you and us. If you do not accept these Terms, you must not use the Website and your Membership will cease.
    • References to “we”, “us” or “our” throughout these Terms pertain to DoctorsBox in its capacity as owner of the Website.
    • References to “you” and “your” throughout these Terms pertain to you.
    • We may unilaterally amend these Terms as required from time to time without prior notice. Please regularly review these Terms. The amended Terms will be posted on the Website all will apply on your next usage of the Website and your continued use of the Website after any changes are made will be deemed to constitute your acceptance of those changes.

  • Definitions and Interpretation

    • In these Terms, unless the contrary intention appears:

      • Account means an account to use and access the Website and directory created by the Website.

      • Advertiser means a party who places an advertisement on the Website.

      • Associate means our directors, employees, partners, agents, sub-contractors, successors and assigns.

      • Claim means any claim, demand, action, suit or proceeding of any nature, howsoever arising and whether present or future, fixed or unascertained, actual or contingent and whether at law, in equity, under statute, contract, tort or otherwise.

      • Confidential Information means the existence and content of these Terms and any information concerning our business or affairs, including information about our business, products, financial statements and accounts, services, clients, customers, staff, contractors and suppliers, but does not include information that:

        • is, or becomes, part of the public domain otherwise than by your breach of these Terms; or
        • you receive from a third party, provided that as far as you are aware the information was not obtained directly or indirectly from the third party in breach of an obligation of confidence owed by the third party to us or any other person.

      • Content includes all information, material and content available on the Website.

      • DoctorsBox means DoctorsBox Pty Ltd (ACN 624 336 830).

      • DoctorsBox Logo means the DoctorsBox logo (as displayed on the Website) and name, brand logo and trademark.

      • Fee means, for a particular category of Membership, means the fees published on the Website from time to time.

      • Loss means any damage, loss (including direct or consequential loss, or loss of profits), liability, compensation, cost, charge, expense (including the cost of defending or settling any such claim), outgoing or other obligation whether at law, in equity, arising under contract, statute, tort or otherwise, and whether arising directly or indirectly.

      • Member means a member of the Website and includes Specialists and Users.

      • Membership has the meaning in clause 4 of these Terms.

      • person includes an individual, corporation or other body corporate, partnership, joint venture, trust or association.

      • Specialist means an individual who is a ‘specialist health practitioner’ as defined in, and registered under, the Health Practitioner Regulation National Law (WA) Act 2010 (WA), or any other health practitioner permitted by us from time to time.

      • Specialist Directory means the directory of Specialists managed by us and made available on the Website for Members with Accounts.

      • Terms means the terms and conditions set out in this document.

      • Users means users of the Website, including medical practitioners and medical practice managers who have an Account with or through the Website.

      • Website means devdoctorsbox.fiveminutes.in.

    • In these Terms, unless inconsistent with the context:

      • if a word or phrase is defined, then its other grammatical forms have a corresponding meaning;
      • the singular includes the plural and vice versa;
      • a reference to a gender includes any gender; and
      • the word “includes” in any form is not a word of limitation.

  • Legal capacity

    • You represent and warrant that you possess the legal right, capacity, authority and ability to agree to these Terms and use the Website in accordance with them.
    • If you are an individual, you represent and warrant that you have reached the age of majority in the jurisdiction in which you reside, and that you are in any event at least 18 years old.
    • If you are using the Website on behalf of another person, you represent and warrant that you have the ability to agree to these Terms on behalf of such personally and all references to “you” throughout these Terms will include such organisation, jointly and severally with you personally.

  • Memberships

    • 4.1 Account Registration

      • You may browse the Website without creating an account or providing your details, subject to these Terms.

      • You will need to create an Account and pay to us the Fee (if required based on your Membership category) to access the features and functions of the Website, including accessing the Specialist Directory Membership).

      • We will handle all personal information we collect in accordance with our Privacy Policy that is available on the Website.

      • When creating and using an Account you warrant and agree that:

        • you are at least 18 years of age;
        • all information you provide is accurate, complete and current and you will update us if your information changes;
        • if you are creating an account on behalf of another person you have the authority and legal capacity to create the Account, enter into these Terms and bind the person to these Terms;
        • if you upload Content containing images, details or references to a person, that person has consented to the Content being used.

      • You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.

      • You must not authorise third parties to use your Account or assign or otherwise transfer your Account to any other person.

      • We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these security measures.

      • You must notify us immediately if you become aware of any unauthorised access or use of your Account or if your Account or password has been compromised.

      • We reserve the right to refuse registration of a Membership or to terminate an Account or Membership at our sole discretion.

      • If we terminate your Account, you must not create, or cause to be created, another Account.

    • 4.2 Restrictions on use

      • You must use the Website and access an Account for lawful purposes and in a manner consistent with the purposes of the Membership including to identify and locate Specialists for potential referrals of your patients or potential patients.

      • You must not upload, post or transmit any Content which:

        • is, or is likely to be, offensive, indecent, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or pornographic in nature;
        • is false, misleading or deceptive;
        • would breach the intellectual property rights, confidentiality rights, or privacy rights of any person or any applicable law;
        • contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware or may damage, modify,delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information; and
        • is otherwise in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images.

      • You must not access or use the Website, or leave a review, for any purpose which:

        • is, or is likely to be, offensive, indecent, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or pornographic in nature; or
        • would breach the intellectual property rights, confidentiality rights, or privacy rights of any person or any applicable law.

      • You must not do, or allow any other person to do, any of the following:

        • circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of material, information or content on the Website; or
        • gain or attempt to gain unauthorised access to, or burden or hinder the operation and/or functionality of, any aspect of the Website or its related systems or networks.

    • 4.3 Posted or uploaded content

      • When you upload or post any content, material or information on to the Website, you grant us a non-exclusive, world-wide, royalty-free, perpetual and transferable licence to use and access the relevant content, material or information for the purpose of maintaining, facilitating, promoting and operating the Website.
      • You warrant that the content, material or information that you post or upload on the Website will not be fraudulent, defamatory, offensive and will not infringe the intellectual property rights, confidentiality rights, or privacy rights of any person or any applicable law.
      • Any content, material or information which you post or upload on the Website may be removed by us without notice at any time. However, we do not and cannot, and are under no obligation to review all content, material or information posted or uploaded to the Website and are not responsible for the content, material or information that is posted or uploaded on the Website.

    • 4.4 Network Access and Device

      You are responsible for obtaining the data network access necessary to use the Website. Your mobile network’s data and messaging rates and fees may apply if you access or use the Website from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Website and any updates thereto. We do not guarantee that the Website will function on any particular hardware or devices. In addition, the Website may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

  • Specific warnings and disclaimers

    • Your use of the Website and Account is entirely at your own risk.

    • You acknowledge that all Content on the Website is provided “as is”, together with all faults and without warranty of any kind, express or implied.

    • Information, opinions and Content on the Website are provided as general information only and do not constitute expert or health advice or an assurance, recommendation or endorsement of any person (including a Specialist listed on the Website’s directory) or service. You should not rely on any Content on the Website without undertaking your own independent verification or due diligence and must exercise your judgement when engaging any other party for goods or services.

    • We give no assurance, warranty or representation on the accuracy or authenticity of the Content of the Website or that:

    • You acknowledge that we:

    • We do not represent or guarantee that your use of the Website will result in Users requesting any number, volume or value of services from a Specialist or Advertiser.

    • We have no control over the quality, safety or legality of the Content posted on the Website by other parties, the truth or accuracy of any posting, the ability of any business, Specialist or Advertiser to provide services or the ability of a customer to purchase services.

    • We cannot and do not censure or guarantee that a Member or customer will complete a transaction or act lawfully when using the Website.

    • You should make your own enquiries and obtain independent professional advice based on your specific circumstances before making any decisions.

    • By using the Website, you may be exposed to Content, material or information from a variety of sources. You acknowledge and agree that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, material or information. You also acknowledge that you may be exposed to Content, material or information that is inaccurate, offensive, indecent, or objectionable, and without limiting any other provisions of these Terms, you irrevocably and unconditionally waive any legal or equitable rights or remedies you have or may have against us in respect of such Content, material or information.

    • You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for, and you irrevocably and unconditionally waive any legal or equitable rights or remedies you have or may have against us in respect of, any such interference or damage to your own property which arises in connection with your access to or use of the Website.

    • Where the Content made available on the Website contains opinions, advice, recommendations or judgements of third parties, we do not purport to endorse the contents of that opinion, advice, recommendations or judgement, nor the accuracy or reliability of it. We expressly disclaim any liability arising in respect of any such opinion, advice, recommendation or judgement.

    • No data transmission over the internet or any telecommunications network can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Any information which you transmit to us is transmitted at your own risk.

    • We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

    • We do not undertake to keep our Website updated. We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date.

    • We are not involved in transactions between Members or between a Member and customers who contract services after being introduced on the Website. You agree and acknowledge that Specialists and Advertisers are independent third parties of us and are not employees or agents of us. Any agreement between a Specialist or Advertiser and any other person is between those parties only and not us and any service provided may be subject to terms and conditions not referred to on the Website. Under no circumstances will we be liable for any damages flowing from losses caused to you by a person you engage as a consequence of using our Website.

  • Use of Website

    • 6.1 General

      • Other than as specified in these Terms, your use and access to the Website, Accounts and the Content contained within, does not grant or transfer any right, title or interest in the Website, Account or Content to a Member.
      • Our Website uses cookies, tracking pixels and related technologies. Cookies are small data files that are served by our platform and stored on your device. Our Website uses cookies dropped by us or third parties for a variety of purposes including to operate and personalise the Website. Also, cookies may also be used to track how you use the Website to target ads to you on other websites.
      • You can disable the use of the cookies by changing your web browser settings.

    • 6.2 Ownership of Website

      • The Website and all rights therein remain our property or the property of our licensors. Neither these Terms nor your use of the Website convey or grant to you any rights:

        • in or related to the Website except for the limited licence granted above; or
        • to use or reference in any manner our company names, logos, product and service names, trademarks or services marks or those of our licensors, subject to this clause 6.

    • 6.3 Ownership of Intellectual Property

      • You acknowledge and agree that copyright, and all other intellectual, industrial or commercial property rights or rights of a proprietary nature in the Website (including text, graphics, logos, icons, sound recordings and software) are owned by or licensed to 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 location, and except as expressly provided on the Website or authorised by these Terms, 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 the Website; or
        • commercialise any information, products or services obtained from any part of the Website, without our prior written permission.

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

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

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

    • 6.4 Use of Logo and Name

      • A Member may use the DoctorsBox and name in accordance with these Terms and solely for the purposes of:

        • promoting that the Member is a Member on its websites, social media pages, business cards, brochures and branding; and
        • correspondence relating to the Member including email signatures.

      • The use of the DoctorsBox Logo (and name is at the sole discretion of us and may be revoked at any time. We reserve all rights to take any action we deem necessary to protect and enforce our rights, title and interest in the DoctorsBox Logo and name.

      • If you use the DoctorsBox Logo and/or name you must not:

        • modify the logo without our prior written consent;
        • transfer the use of the logo or name to a third party
        • use it in or as the whole or part of your own intellectual property;
        • use it in connection with activities, products or services which are not ours;
        • use it in a manner which may be confusing, misleading or deceptive; and
        • use it in a manner that disparages us or our information, products or services (including the Website).

      • You acknowledge that we hold all rights, title and interest to the DoctorsBox Logo and name and no right, title or interest in the DoctorsBox Logo or name is granted or transferred to the Member other than as set out in these Terms.

      • If you become aware of any unauthorised use of our intellectual property, you must immediately bring it to our attention.

    • 6.5 Survival

      • This clause 6 survives the termination of these Terms.

  • Membership

    • 7.1 Membership Registration

      • In order to register and maintain a Membership you must comply with these Terms and pay the Fee specified by us, based on the ‘User’ category (if any) when you register as a Member or by such other date that we may specify (including on the Website).
      • Unless otherwise agreed or specified by us, Membership will be valid for a period one year (unless terminated earlier in accordance with these Terms).
      • In the case of an annual Membership, Membership will be automatically renewed annually on the anniversary of registration if you provide your credit card or direct debit details at the time of registration, unless you opt-out. You will be billed 30 days before each annual anniversary date in advance for your Membership category at our then current annual Fee.
      • We may vary the annual Fees payable in our absolute discretion, by giving you 30 days prior written notice.
      • We may update or change our payment policies without prior notice to you.

    • 7.2 Cancellation and Termination of Membership

      • You may cancel your Membership by providing us 30 days prior written notice. We will not be obliged to refund you the Fee paid prior to the date of termination (including any Fee that is paid in advance).

      • We may cancel or suspend your Membership:

        • without cause, on providing you with 3 days’ notice; or

        • immediately, without notice, if:

          • you breach a material provision of these Terms and fail to remedy the breach within 7 days of written notice to do so from us, if such breach is capable of remedy;
          • you breach a material provision of these Terms and such breach is not capable of remedy;
          • you become bankrupt or insolvent;
          • we are required to by a government authority;
          • you act in a way that has, or is likely to, adversely effect our reputation or interests.
      • Upon termination, you must immediately cease to represent yourself as a Member or as otherwise affiliated with us, and cease to use the DoctorsBox Logo and name.

    • 7.3 Effect of Membership

      • Members acknowledge and agree that Membership confers rights on Members to access their Accounts and use the Website in accordance with these Terms. Rights and obligations of Members will vary based on the specific Membership category.

  • Users

    • To be eligible as a Member, in the ‘User’ Membership category, a person must register for an Account and at all times comply with these Terms.
    • Users will be entitled to use the Website and Specialist Directory to search for information and contact details for Specialists.

  • Linked Websites

    • The Website may contain links to other websites (Linked Websites). Those links are provided for convenience only and may not remain current or be maintained.
    • We are not responsible for, and have no control over, the content or privacy practices associated with Linked Websites.
    • The Website’s links to Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.

  • Confidentiality

    • You must not disclose any Confidential Information except:

      • to your officers, employees, agents, financiers, legal, accounting, insurance and other professional advisers and auditors, provided the recipient needs to know the relevant information to carry out its functions and the recipient agrees to act consistently with this clause 10;
      • with our consent; or
      • as required by law, provided that you notify us, to the extent that it is reasonably practical or legally permissible to do so, to allow us to comment on the content of or restrain the disclosure.
    • Upon request, you must destroy or return (at our election) any Confidential Information that you have received.
    • This clause 10 survives the termination of these Terms./li>

  • Reviews, ratings and comments

    • We allow users of the Website to review, rate and comment on the performance of Specialists whose services they have experienced or contracted for. Any review, rating or comment is subject to clause 4.2 of these Terms.
    • We reserve the right to publish or not publish and modify or delete those ratings and reviews at our absolute discretion.
    • You acknowledge and agree that we accept no responsibility for any liability, damage, injury or loss that may arise from reviews submitted or published on the Website (including reviews which may be considered defamatory or likely to damage the reputation or standing of any person).
    • You release and indemnify us from all liability we may incur arising directly or indirectly from any reviews or ratings posted on the Website.

  • Liability and indemnity

    • 12.1 Exclusion of liability

      • Without limiting any other provision of these Terms and to the maximum extent permitted by law, we and our Associates will not be liable to you (or any person claiming through or on behalf of you) in respect of, and you irrevocably and unconditionally release us and our Associates from any Claim or Loss suffered or incurred by you (or any person claiming through or on behalf of you) at any time arising out of, directly or indirectly, the use of or access to the Website including (without limitation) any Loss arising from:

        • any action taken or reliance made by you on any information, content or material uploaded or posted on the Website;
        • any act or omission by or in relation to a Specialist;
        • errors, mistakes, or inaccuracies of materials, content or information on the Website;
        • personal injury or property damage of any nature suffered or incurred by you or a third party arising out of the performance of any services to a User;
        • any unauthorised access to or use of the Website by you or any other person (including any access to personal information and/or financial information stored by us);
        • the downloading of, or subsequent use of downloaded material;
        • the corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the Website or any Content transmitted by any person using the Website;
        • your use of or reliance on the Website or any information or advertisements contained on or accessed through the Website;
        • the defamatory, offensive or unlawful conduct of any third party or the use of the Website by any third party in breach of these Terms;
        • your inability to access or use the Website or any service; or
        • any transaction or relationship between you and any User.

      • To the extent that our or our Associates liability is not limited or excluded by any other provision of these Terms, we and our Associates exclude all liability for indirect and consequential loss or damage (including for loss of profit (whether direct, indirect, anticipated or otherwise), loss of expected savings, opportunity costs, loss of business (including loss or reduction of goodwill), damage to reputation and loss or corruption of data regardless of whether any or all of these things are considered to be indirect or consequential losses or damage) in contract, tort (including negligence), under any statute or otherwise arising from or related in any way to these Terms or its subject matter.

      • You acknowledge that we have sought and obtained the benefit of the provisions of this clause 12.1 for and on behalf of us and for the benefit of each of our Associates and the provisions of this clause 12.1 may be enforced by us or by any of our Associates.

    • 12.2 Exclusion of warranties

      • To the extent permitted by law, any condition, representation or warranty relating to or connected with the Website, a service or any User, whether express, implied or statutory, is hereby excluded.

      • Where legislation implies any condition or warranty, and that legislation prohibits us and our Associates from excluding or modifying the application of, or our liability under, any such condition or warranty, our liability for a breach of that condition or warranty will be limited to one or more of the following:

        • if the breach relates to goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; and
        • if the breach relates to services, the supplying of the services again, or the payment of the cost of having the services supplied again.

    • 12.3 Indemnity

      • To the extent permitted by law, you indemnify and keep indemnified us and our Associates against any Claims or Loss which may be suffered or incurred by us and our Associates at any time arising out of or in connection with, directly or indirectly:
        • the use of or access to the Website by you;
        • any service performed by you;
        • any breach by you of these Terms;
        • any breach by you of our intellectual property rights or confidentiality rights; and
        • any content, material or information uploaded or posted by you to the Website.
      • To the extent permitted by law, you indemnify and keep indemnified us and our Associates against any Claims or Loss which may be suffered or incurred by us and our Associates at any time arising out of or in connection with, directly or indirectly:
      • To the extent permitted by law, you indemnify and keep indemnified us and our Associates against any Claims or Loss which may be suffered or incurred by us and our Associates at any time arising out of or in connection with, directly or indirectly:
      • To the extent permitted by law, you indemnify and keep indemnified us and our Associates against any Claims or Loss which may be suffered or incurred by us and our Associates at any time arising out of or in connection with, directly or indirectly:

    • 12.4 Survival

      • This clause 12 survives the termination of these Terms.

  • Privacy

    • By using the Website, you agree to the collection, use and disclosure of your personal information by us. Personal information includes information or an opinion about an individual that is reasonably identifiable. For example, this may include your name, age, gender, contact details as well as financial information, such as your credit card details.
    • We will use your personal information to provide features of, improve and customise the Website. We may also use your personal information to send you direct marketing communications and information about our services. This may take the form of emails, SMS or mail. You may opt-out of receiving marketing materials from us by using the opt-out facilities provided (for example, an unsubscribe link) or contacting us at support@devdoctorsbox.fiveminutes.in.
    • We may disclose your personal information to Users and other third party suppliers and service providers, to payment systems operators (for example, merchants receiving card payments), to our sponsors or promoters of any competition that we conduct via the Website and to anyone to whom our assets or businesses or any part of them) are transferred.
    • If you do not provide the information requested by us, you may not be able to access the Website or your use of the Website may be limited. You can access the personal information we hold about you by contacting us at support@devdoctorsbox.fiveminutes.in.
    • If you do not provide the information requested by us, you may not be able to access the Website or your use of the Website may be limited. You can access the personal information we hold about you by contacting us at support@devdoctorsbox.fiveminutes.in.
    • If you do not provide the information requested by us, you may not be able to access the Website or your use of the Website may be limited. You can access the personal information we hold about you by contacting us at support@devdoctorsbox.fiveminutes.in.

  • Disputes with Users

    • We may facilitate the resolution of any dispute between you and another Member or Advertiser relating to or connected with the Website (Dispute).
    • If a Dispute arises between you and another Member or Advertiser, you must notify us of the Dispute immediately upon becoming aware of the Dispute.
    • You agree to co-operate with us and the relevant Member or Advertiser and do all things reasonably necessary to resolve the matter that gave rise to the Dispute in a timely manner.

  • General

    • We reserve the right to amend these Terms from time to time. You will be notified of the fact that an amendment has been made to these Terms through the Website. Amendments will be effective immediately upon notification by us.
    • We may give notice by means of a general notice on the Website, electronic mail to your email address in your Account, or by written communication sent to your address as notified on the Website. You may give notice to us by email at support@devdoctorsbox.fiveminutes.in.
    • We and you are independent contractors and no agency, partnership, joint venture, employee-employer or franchisee-franchisor is created or intended by these Terms or your use of the Website.
    • These Terms are governed by the laws in force in Western Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
    • If we waive any rights available to us under these Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion. A waiver by us must be in writing to be effective.
    • If any of these Terms are held to be invalid, unenforceable or illegal for any reason, the remaining Terms shall nevertheless continue in full force.
    • You may not assign, sub licence or transfer these Terms in whole or in part without our prior written consent. You give your consent for us to assign or transfer these Terms in whole or in part, including to a subsidiary or affiliate, an acquirer of our equity, business or assets or a successor.
    • These Terms constitute the entire agreement between you and us and supersede all prior agreements, representations, warranties or arrangements relating to the Website.
      • This clause 15 survive the termination of these Terms.