About
1.1. Welcome to www.quithero.com.au (the Website), owned and operated by 13 VAPE Pty Ltd (ACN 652 404 263) (Quit Hero, we, us, our). The Website provides an online platform that facilitates connecting users with medical healthcare providers in the provision of healthcare services relating to quitting smoking, by providing:
a) online appointment booking services;
b) online payment gateway provider;
c) opportunity to browse a Listing and purchase Products provided by the Pharmacist;
d) health consultation communication services between a User and Doctor.
(the Services).
1.2. Access to and use of the Website, or any of its associated products and/or Services, is provided by Quit Hero.
Acceptance of these Terms
2.1. Please read these terms and conditions (the Terms) carefully. By using, browsing, signing up to and/or making payment through the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease use of the Website and the Services immediately.
2.2. If you are signing up on behalf of a company, you warrant that you have the authority to act on behalf of Quit Hero and bind Quit Hero to these Terms.
2.3. You accept these Terms by registering for the Services, making payment to Quit Hero, browsing the Website, or creating an account. You may also accept the Terms by clicking ‘I Accept’ or ‘I Agree’ to the Terms where this option is made available to you by Quit Hero in the user interface of the Website.
2.4. You may not use the Services and may not accept the Terms if:
a) you are not of legal age to form a binding contract with Quit Hero; or
b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
2.5. By engaging Quit Hero or purchasing the medical assessment, you acknowledge and understand that Quit Hero does not provide you with any specialist, professional or technical advice which includes but is not limited to legal, accounting, financial planning or tax advice. For further information, please read the Terms carefully.
2.6. By accepting these Terms, you warrant that you have familiarised yourself with, and agree to be bound by the Terms, and the Privacy Policy found at https://quithero.com.au/privacy-policy (the Privacy Policy). If you do not agree to the Terms or the Privacy Policy, you must cease usage of the Website and any of its associated products or Services immediately.
2.7. Quit Hero reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Quit Hero updates the Terms, it will use reasonable endeavours to provide you with notice of the same. Any changes to the Terms take immediate effect from the date of their publication. The access and use of the Website by you after Quit Hero makes any changes constitutes the acceptance of any such changes and you will be bound by those changes. If you do not agree to any changes, you must cease usage of the Website and Services immediately.
2.8. Before you continue, Quit Hero recommends that you keep a copy of the Terms for your records. Quit Hero recommends that you regularly check these Terms for any material changes.
Definitions
3.1. “User”, “you” or “your” means any user of the Services that has registered an Account.
3.2. Doctor means an Australian licensed medical practitioner.
3.3. Questionnaire means a medical history and symptoms questionnaire completed by the User that is submitted to the Doctor upon a Consultation booking.
3.4. E-Script means a valid medical prescription provided by a Doctor to the User to purchase the available Products provided by the Pharmacist.
3.5. Pharmacist means Switchd Chemists Pty Ltd ACN 652 579 756, an online pharmacy that has partnered with Quit Hero and that provides the opportunity to purchase Products upon an E-Script from a User via the Services on the Website.
3.6. Order means the successful order to purchase Products by the User from the Pharmacist that has been accepted by the Pharmacist.
3.7. Products means any products provided by the Pharmacist and available for purchase upon a valid E-Script via the Services.
3.8. Listing means the listing of the Products, or any associated products provided by the Pharmacist and available for purchase by the User.
3.9. Consultation means a booked consultation between a User and a Doctor.
Services
4.1. By Quit Hero offering its Service to you, you agree and acknowledge that:
a) unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are inclusive of GST;
b)Quit Hero may receive a commission from third parties in relation to the provision of the Services and Products to you;
c)Quit Herodoes not, at any time, provide any guarantees whatsoever, whether express or implied, with respect to the success of the Services, Consultation and/or Products;
d) you shall remain solely responsible for assessing the implications and risks of using the Services; and
e) These terms do not create a relationship of employment, trust, joint venture, agency, partnership or other relationship of a fiduciary nature between the parties.
4.2. You acknowledge that Quit Hero has entered into these Terms in reliance on the acknowledgements, representations and warranties given by you in these Terms and any Questionnaire.
Registration and Account Set-Up
5.1. To access the Services and the Consultation, you are required to register for an account and complete an application form (the Account). You may register for an Account and complete the application form via the Website.
5.2. As part of the registration process or as part of your continued use of the Services, you will be required to provide personal information about yourself, including but not limited to, the following:
a) your name;
b) your date of birth;
c) your gender;d) your email address;
e) a mailing address;
f) your telephone number;
g) your Medicare details;
h) emergency contact details;
i) a preferred username; and
d) a preferred password.
5.3. You acknowledge and agree:
a) any information you provide to Quit Hero in the course of completing the registration process or the Questionnaire will always be accurate, correct and up to date;
b) any information that you provide toQuit Hero and the Doctor (including any Questionnaires) will always be accurate, correct, complete and up to date (including a full list of any current medications you are taking) and you will not omit any information that a reasonable person would consider relevant for the provision of the Services.
c) It is your responsibility to advise your regular doctor of any medications the Doctor via our Services have prescribed to you;
d) providing false and misleading personal information is grounds for immediate termination of your Account or banning you from the Website without notice; and
e) by supplying Quit Hero with your address, email address and phone number, you may receive regular emails, newsletters, telephone calls or SMS updates from Quit Hero to keep you informed about Quit Hero’s activities and send you E-Scripts provided by the Doctor (if applicable). If you do not wish to receive updates from Quit Hero, you may contact Quit Heroathello@quithero.com.au
5.4. Quit Hero will hold any information provided in relation to the Services, Questionnaire and registration process in accordance with the privacy policy available on the Website at https://quithero.com.au/privacy-policy (the Privacy Policy).
5.5. Once you have completed the registration process and created an Account, you will be a registered user of the Website (the User) and agree to be bound by the Terms. As a User, you will be granted access to the Services.
Your Account Obligations
6.1. As a User, you acknowledge and agree that:
a) you are solely responsible for the activity that occurs under your Account;
b) you will safeguard against disclosure and not disclose your Account details to anyone else;
c) you will not record the audio of a Consultation or any of the Services without the prior written consent of Quit Hero and the Doctor.
d) you have the sole responsibility for protecting the confidentiality of your password and/or email address and you will not disclose to any third party the password used to access your Account.
e) you agree to immediately notify Quit Hero in writing at hello@quithero.com.au of any unauthorised use of your password or email address or any breach of security of which you have become aware. Use of your password by any other person may result in the immediate cancellation of the Services and your Account;
f) any use of your registration information by any other person, or third parties, Is strictly prohibited;
g) you will comply with the Terms and any Consultation guidelines;
h) you will not use abusive language or engage in inappropriate conduct when communicating with anyone through the Services, which include Quit Hero, the Doctor or the Pharmacist.
i) the provision of the Services may carry risks some of which may be significant;
j) there may be instances where Quit Hero may not be suitable as a platform to provide the Services;
k) you are responsible for providing the Doctors with all the information (including information in the Questionnaire) that the Doctor may require in order to provide you with the Services and an eScript, if determined;
l) results cannot be guaranteed or assured, and the Doctor may determine that Services through Quit Hero may not be appropriate and may not provide some or all Services available to you through the Website;
m) you will use the Website and the Services only for the purposes that are permitted by:
i) the Terms;
ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
n) access and use of the Website and its Services is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Quit Heroproviding the Services and only for the duration that you are a User;
o) you must not:
i) expressly or impliedly impersonate another User or use the Account or password of another User at any time;
ii) use the Services, Consultation or Website for any illegal and/or unauthorised use which includes collecting email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
iii) provide false information including false names, addresses and contact details;
iv) use the Website unlawfully or in a manner that violates any applicable laws, regulations or these Terms;
v) hack into any part of the Website or attempt to circumvent Quit Hero’s security or network to access data not intended for you; vi) interfere with the servers or networks connected to the Website or the Services, or violate any of the procedures, policies or regulations of networks connected to the Website or the Services;
vii) engage in conduct or access the Website in a way that will impose an unreasonable or large burden of traffic demands on Quit Hero’s infrastructure;
ix) act in a way that is unlawful, harassing, threatening, abusive, violent, discriminatory, intimidating, or predatory, or that otherwise would disrupt the enjoyment of the Services.
x) create derivative works of the Website or an application substantially similar or a direct copy of the Website such that confusion may occur as to which Website is operated byQuit Hero;
xi) copy, or produce a substantially similar platform to the one that was provided to you through the Services without referencingQuit Hero;
xii) resell or export the software associated with the Website or any Services; and
xiii) automate the use of the Website or the Services.
p) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Quit Hero for any illegal or unauthorised use of the Website.
6.2. You acknowledge and agree that Quit Hero reserves the right, at any time and without prior notice, to remove or disable a User’s access to its Account or to the Consultation at Quit Hero’s sole discretion without notice and for any reason, including, but not limited to, situations where Quit Hero, in its reasonable opinion, determines that the User has violated these terms, or may violate these Terms.
Booking your Consultation
7.1. Once you have become a User, you will be able to submit a Consultation request on your Account by selecting/clicking ‘start my consult’ on the Services interface. Once selected, you will be prompted to provide any relevant details, select a time and date, make payment of the relevant fee, complete the Questionnaire and submit your request.
7.2. Upon submitting your Consultation request, you acknowledge and agree that:
a) you will be placed into a virtual waiting queue and be contacted by the next available Doctor to undertake your Consultation, or b) you will receive a confirmation email from Quit Hero confirming the details of your booking Consultation request with the Doctor.
7.3. Delivery of the Consultation:
a) You acknowledge and agree, that If your Consultation is via telephone, the next available Doctor will contact you within a reasonable time as per clause 7.2(a) or during the time and date outlined in your confirmation booking. If you miss the telephone call, you are required to call back immediately.
b) You acknowledge and agree that the Doctor will review the Questionnaire and details submitted on the Consultation and provide (where necessary) health advice, techniques, and a rehabilitation plan to assist the User to gradually quit smoking.
c) You acknowledge and agree that the Doctor may organise the Consultation through a third-party platform, Quit Hero may host and provide a platform for the Doctor to undertake the Consultation with the User or through platforms owned and controlled by third parties, other than Quit Hero (each a Third Party Platform).
d) You may be required to use a Third Party Platform for the Doctor to provide the Consultation to you.
e)Quit Hero is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Platform, any platform accessed from a Third Party Platform or any changes or updates to such sites. Quit Hero makes no guarantees about the content or quality of the products or services provided by such sites. If you have agreed to any Third Party Services, the third party may contact you by email and/or phone with instructions on how to access your benefits and to keep you informed of their services. You may be required to accept additional terms located on the Third Party Platform.
f) By using the Services, or functionality originating from the Website, you are allowing Hero to share information with any third party with whom Quit Hero has a pertinent contractual relationship – any information necessary to facilitate its provision of products, Services, or functionality to you.
g) By purchasing a Consultation, you understand and agree to accept any Third Party Platform’s terms and conditions and privacy policies required to deliver the Consultation.
h) You acknowledge and agree, that Quit Hero does not guarantee that a Consultation is the appropriate course of treatment for your particular healthcare problem. This assessment will be made by the Doctor. You agree to contact your own doctor immediately should your condition change or your symptoms worsen. If you require urgent care, you should contact your local emergency services immediately.
i) By confirmation of the booking, you give permission to bill Medicare, DVA or concessional billing to theQuit Hero practice. You also assign your benefits to the health professional who rendered the services. E-Script and Products
8.1. Upon completion of a Consultation, the appointed Doctor may in their sole determination and discretion elect to provide you an E-Script for any prescribing medication and/or a recovery plan, if they consider it clinically appropriate.
8.2. An E-Script may be submitted to the User or the User’s Account by the Doctor or via SMS, email or any other form of communication from the Doctor. Once uploaded to the Account, the E-Script may be used to access the Listing and purchase any Products made available by the Pharmacist through our Services.
8.3. You acknowledge and agree that Quit Hero is not a pharmacy and therefore does not dispense any medication., you acknowledge that Quit Hero has only partnered up with the third-party Pharmacist. The Pharmacist can fulfil your E-Script requirements and Quit Hero only facilitates your selection of the Products and the payment process.
8.4. You agree that once your prescription has been approved by our doctor, they will share the prescription with our partner pharmacy so that the products that you have ordered can be dispensed and shipped to you.
Payment
9.1. As a User, when making a request for a Consultation through our Services, you agree to make payment of the relevant fee set for the Consultation (the Consultation Fee). Also, when purchasing a Product from the Listing made available by the Pharmacist, you agree to make payment of the relevant fee plus any delivery or service fee for the Products (the Product Fee) (collectively the Purchase Price). Quit Hero reserves the right to change or alter the Purchase Price at any time, at their sole discretion, and without notice.
9.2. You acknowledge and agree that payment of the Purchase Price may be made through third-party payment gateway providers, including Australia Post secure pay or Stripe or other similar merchant facility payment gateways (the Payment Gateway Provider). In using the Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Provider prior to you using the Payment Gateway Provider.
9.3. Following payment of the Purchase Price being confirmed by Quit Hero or once accepted by the Pharmacist, you will be issued with an Order confirmation and receipt through our Services and Quit Hero may record your purchase details for future use.
9.4. The User acknowledges and agrees:
a) that by submitting an Order for the Products, they are making an offer to purchase the Product and, if accepted, entering into an agreement to buy Products from the Pharmacist, notQuit Hero;
b) that Quit Hero only offers the Services and is in no way responsible for the Products or Delivery;
c) that Quit Hero reserves its right, at any time and without prior notice, to remove or disable your access to the Services at our discretion and for any reason, including but not limited to, ifQuit Hero believes that the User has caused any abusive, threatening, sexist or racist comments or actions made towards the Pharmacist'
d) that they are responsible for inquiring regarding any allergy requirements of the Products before placing an Order; and
e) to communicate with the Pharmacist respectfully and professionally.
f) Quit Hero or the Pharmacist reserves the right to accept or reject your Order for any reason, including but not limited to stock levels and the unavailability of the Products.
Non-Payment
10.1. You acknowledge and agree that where a request for the payment of the Purchase Price is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Purchase Price.
Cancellation and Refunds
11.1. Quit Hero charges the User the Purchase Fee for its Services and the Products provided by the Pharmacist. The Consultation Fee is charged at the time a Consultation booking is made and will be refunded if the Doctor cancels the Consultation, or if there is a technological failure that prevents an effective Consultation between the User and the Doctor. Technological failure is assessed and logged by the Doctor. The Consultation Fee is not refundable if you, as a User, cancel a Consultation or fail to attend.
11.2. You acknowledge and agree that an Order for Products due to regulations cannot be returned or refunded once it has been placed, processed, and dispatched by the Pharmacist as storage conditions of the Products cannot be guaranteed, which means the Products cannot be reused. For this reason, Quit Hero and the Pharmacist are unable to accept returns of the Products and provide refunds.
11.3. You acknowledge and agree that should you require a cancellation of your Order, which has not yet been dispatched, you may do so by contacting Quit Hero immediately either by phone or email at hello@quitheroc.om.au and providing your Order details and receipt. We can issue a refund on your Order, and this will be processed between 7 to 14 business days, on the basis that your Order has not yet been dispatched.
11.4. Any refunds granted pursuant to clause 11 will be at Quit Hero or the Pharmacist’s sole discretion and will not include a refund of any fees and/or commissions.
Delivery
12.1. Any delivery in relation to an Order will be organised directly between the User and the Pharmacist. The Delivery method of an Order is by Australia Express Post or another method or use of a Delivery partner at the Pharmacist’s sole discretion.
12.2. The Pharmacist will confirm your order details to your email, and once processed, will dispatch your Order normally on the next working day from placement of the Order and making payment of the relevant fee. The Pharmacist will use its best efforts to ensure that Orders that are agreed to be delivered, will be delivered on time every time. However, the Pharmacist does not guarantee the delivery dates and time, or the Delivery dates and time provided by Australia Express Post. The delivery times are calculated once the Order is confirmed by the Pharmacist to you.
12.3. To prevent any delivery issues from arising, the User must ensure that:
a) all delivery information (such as recipient’s address, name and contact details) provided to the Pharmacist or on the User Account is accurate and complete; and b) All order information (including any delivery instructions) is given to the Pharmacist for a particular delivery Order.
12.4. If the delivery information or instructions provided to the Pharmacist are not accurate, the Pharmacist will not be liable for any additional costs and expenses that may be incurred in relation to the Order (and if applicable, re-delivery) of the Products.
12.5. The Pharmacist may use third-party independent contractors to provide the delivery of the Products. The User agrees and acknowledges that the Pharmacist may utilise a third-party platform for the delivery of the Products. The Pharmacist does not own or operate the third-party platform and the User warrants that they have familiarised themself with, and agree to be bound by, the applicable terms and conditions, privacy policy and other relevant legal documentation required by the third-party platform, prior to you using the third-party platform.
12.6. Where the User has provided their contact details and/or the recipient’s contact details, the User authorises the Pharmacist to disclose their contact details and/or the recipient’s contact details to the third parties for the purpose of contacting them and/or the recipient to seek further instructions or assistance in the event of any delivery issues. Where the Pharmacist is not able to contact the User, to prevent the loss of the Products, the User authorises the Pharmacist to retain the Products and the User will be liable for any additional costs and expenses that may be incurred in relation to the Products and the delivery (and if applicable, re-delivery) of the Products.
12.7. As part of the provision of the Services or if offered by the Pharmacist or a third-party delivery provider, the User may be given the opportunity to track the location and the delivery of the Products. The User must only use the GPS location service for the sole purpose of tracking the delivery of the Products and the User must not use it for any other purposes. Further, by agreeing to the Terms, the User acknowledges and understands that the Pharmacist uses Google Maps, Google Earth or OpenStreetMaps as a third-party service provider. Accordingly, by agreeing to these Terms or by receiving the Services, the User is bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy) and the OpenStreetMap Foundation Terms of Use, Acceptable Use Policies and Privacy Policy.
Copyright and Intellectual Property
13.1. The Website, the Services and all of the related documents, materials, Products and Services of Quit Hero are subject to copyright under the laws of Australia and by International Treaties. Unless otherwise indicated, all rights in the content and compilation of the Website and Services (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, lists, design elements, interactive features) (the Content) are owned or controlled for these purposes and are reserved by Quit Hero or its contributors.
13.2. Quit Hero retains all rights, title and interest in and to the Services and Website and all related Content. Nothing you do on or in relation to the Services and Website will transfer any:
a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, orb) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, orc) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
or any other intellectual property whatsoever to you.
13.3. Quit Hero, and each User retains all Intellectual Property Rights, except as stated herein, in any information, data, document, or photographs uploaded to the Website and Services (the Uploaded Content). The User grants Quit Hero a perpetual, irrevocable, non-exclusive, transferable, royalty-free licence to your Uploaded Content. Quit Hero will own any results, methodologies, data or metadata, including any analyses, index results, or reports, which are either contained within, gleaned through, derived from, captured by, or generated by your use of the Services or the Uploaded Content (Derivative Materials).
13.4. The User acknowledges and agrees that Quit Hero exclusively and unconditionally owns all Moral Rights in all the Derivative Materials Content and documents relating to the Services, Website, Products and Consultation.
13.5. The User acknowledges and agrees that to the extent that the User has Moral Rights in any of the Content, Derivative Materials and any related documents or materials, the User will provide a Moral Rights Consent to Quit Hero. Quit Hero does not grant you any other rights whatsoever in relation to the material and/or the Content unless expressly stated herein. All other rights are expressly reserved by Quit Hero.
13.6. Quit Hero grants you a revocable, limited, non-exclusive, royalty free license to the Consultation for personal, non-commercial, educational purposes pursuant to these Terms and conditional upon the payment of the Purchase Price. You may read and copy the material to the extent necessary to use the Services and receive the Products and Consultation, but you may not publish, resell or sub-licence it.
13.7. For purposes of these Terms, the term “Marks” will mean the trademarks, service marks, trade names, copyrights, logos, slogans, feedback, testimonials and other identifying symbols and indicia of the applicable party. All uses of a party’s Marks by the other party will be in the form and format specified in the media or promotional guidelines (if any).
13.8. Subject to these Terms, you hereby grant to Quit Hero and its affiliates for no consideration, a limited, non-exclusive and non-transferable license to use your Marks, on a royalty-free basis, for the sole purpose of performing the promotional activities as set forth in the media or promotional guidelines (if any). This includes any promotion, testimonials, marketing or advertising by way of online, in print, in social media, in competitions, advertisements, books and magazines, design publications and any other self-promotional or demonstrative purpose. All goodwill related to the use of any Marks shall inure to the benefit of the owner of such Marks. Each Mark licensor reserves the right to revoke the licensee’s permission to use the licensor’s Marks should the use be noncompliant with the media or promotional guidelines or negatively impact, or disparage the Mark.
13.9. The User may not, without the prior written permission of Quit Hero and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose.
Privacy
Quit Hero takes your privacy seriously and any information provided through your use of the Website, the Services, Products or the registration process is subject to our Privacy Policy, which is available at https://quithero.com.au/privacy-policy. You agree to be bound by the Privacy Policy.
General Disclaimer
15.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
15.2. Subject to this clause, and to the extent permitted by law:
a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and b)Quit Hero will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services, Consultation or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
15.3. You acknowledge and agree that Quit Hero:
a) does not make any terms, guarantees, warranties, representations, or conditions whatsoever regarding the Services, Consultation or Products other than those provided for pursuant to these Terms;
b) does not provide any guarantees as to the quality of the Services, Consultation or Products;
c) does not provide any guarantees as to your success upon your reliance on the information provided during the Services, Consultation or Products;
d)Quit Hero does not warrant or represent that the Products on the Listing are free from error or omission or that they have been accurately described; and
e) takes no responsibility and makes no warranties, express or implied, in relation to the content and suitability of any Consultation between you and the Doctor. You and your Doctor are responsible for the conduct of the Consultation and all information or communications made via the telephone call;
15.4. You acknowledge and agree that Quit Hero only makes available the Website and the Services. We are not party to any agreement entered into between a User and the Doctor and we have no control over the conduct of the Doctors or any other Users.
15.5. Doctors have the same obligations to you as if they were consulting you in person. Doctors will make notes of their Consultation with you and it is their responsibility to hold and maintain your records as required by law. Quit Hero may from time to time hold copies of notes made by your Doctor.
15.6. Quit Hero makes no warranties, whether expressed or implied, as to the Consultation with the User and Doctor conducted through our Services. You and the Doctor are solely responsible for all information and/or communication sent during a Consultation or other communication. Your doctor will keep a record of their consultation with you.
15.7. Use of the Website, the Services, Products and the Consultation is at your own risk. The Website, the Services, the Products and the Consultation are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, contractors, employees, agents, contributors, third-party content providers or licensors of Quit Hero (including any third party where the Consultation is made available to you) make any express or implied representation or warranty about its Material, Content, Consultation or any services (including the Services of Quit Hero) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Consultation and the Products (including third-party material and advertisements on the Website);
c) costs incurred as a result of your using the Website, the Services, the Products or the Consultation;
d) the material, Content or operation with respect to links that are provided for the User’s convenience;
e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
Limitation of liability
16.1. Quit Hero’ total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Quit Hero is the resupply of Services to you. In the case of goods, the replacement of the goods or supply of equivalent goods, the repair of the 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.
16.2. You acknowledge and agree that Quit Hero, its affiliates, Doctors, employees, contractors, agents, contributors, third-party content providers and licensors shall not be liable to you or the Pharmacist for any direct, indirect, incidental, special, consequential or exemplary damages, or consequential loss, loss of profits, goodwill, or business reputation and any other intangible loss which may be incurred by you, however caused, including but not limited to, a Third Party Platform and your reliance on any information provided to you through the Consultation and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
16.3. Quit Herois not responsible or liable in any manner for any site content (including the Material, Content, Consultation, Uploaded Materials, and third-party content) posted on the Website or in connection with the Services, whether posted or caused by Users of the Website, by third parties or by any of the Services offered by Quit Hero.
16.4. You are solely responsible for ensuring that the Doctors are licensed under all applicable laws and regulations to provide the Consultation services that you are seeking and receiving through the Website. You acknowledge that Quit Hero strongly recommends you review the profile of the Doctors on the Website (if available) for the profession and field in which the Doctors practice.
16.5. Other than healthcare services and the Consultation provided by the Doctor through our Website or via third-party platforms, none of the information or materials that may be made available through the Website and Services (collectively, “Material“) is to be regarded as medical advice, treatment, diagnosis or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective. The Material is for informational purposes only and It is your responsibility to review and discuss the Material with the Doctors, prior to relying upon it, and it is your sole responsibility to make an assessment and determination as to the validity or accuracy of the Material. Reliance on the Material is at your own absolute risk. Quit Hero will not under any circumstances be held liable for any determinations or advice received by you from the Doctors on the Website and Services. For the avoidance of doubt, Quit Hero only facilitates communications between the User and the Doctor and does not provide any medical advice or give any advice regarding medical conditions injuries or symptoms.
16.6. Quit Hero will not under any circumstances be held liable for any loss or damages suffered by you as a result of medical advice received by you through a third-party Doctor in connection with the Services Quit Hero. You acknowledge that Quit Hero is not a party to the relationship between you and the Doctor providing healthcare services through the Website and its Services and that Doctors are independent contractors.
16.7. You agree and acknowledge that Quit Hero connects Users with Doctors and accordingly Quit Hero does not provide or purport to provide any healthcare services, Consultation, Products and healthcare advice in its own capacity.16.2.
Force Majeure
17.1. Force Majeure means a circumstance beyond the reasonable control of a party and which results in that party being unable to observe or perform an obligation on time under these Terms (other than an obligation to make a payment). Such circumstances include but are not limited to:
a) acts of God, lightning strikes, earthquakes, floods, droughts, storms, tempests, mudslides, washaways, explosions, fires and any natural disaster;
b) acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution;
c) disease and a pandemic; and d) failure of internet and telecommunication services.
Quit Hero will be excused from and not liable for any delay or failure in performance hereunder, other than the payment of money, caused by reason of a Force Majeure event.
Indemnity
18.1. You agree to indemnify and keep indemnified Quit Hero, its affiliates, employees, contractors, agents, contributors, third-party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your use of the Website and/or Services, including but not limited to:
a) any misuse of the Website, Services or Consultation by you, including and without limitation, any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you;
b) your breach of the Terms, including any misuse of the Materials; or
c) any activity that you engage in on the Website or Services or through Quit Hero.
18.2. This indemnity will survive termination of the Terms.
Termination of Services
19.1. The Terms will continue to apply until terminated by either you or by Quit Hero as set out below.
19.2. If you want to terminate the Terms, you may do so by:
a) providing Quit Hero with written notice at any time of your intention to terminate Quit Heroathello@quithero.com.au, and
b) closing your Account for all of the Services that you use where Quit Hero has made this option available to you.
19.3. Your elected termination will be effective upon receipt of the notice of your intention to terminate by Quit Hero.
19.4. Quit Hero may at any time, terminate the Terms with you if:
a) you have breached any provision of the Terms or intend to breach any provision;
b)Quit Hero is required to do so by law;
c) the partner (including the Pharmacist and/or Doctors), if any, with whom Quit Hero offered the Services to you has terminated its relationship with Quit Hero or ceased to offer the Services, Products or Consultation to you;
d)Quit Hero is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services;
e) the provision of the Services to you byQuit Hero is, in the opinion ofQuit Hero, no longer commercially viable; f)Quit Hero gives you written notice that the agreement is terminated for convenience, such termination to be effective immediately upon notice thereof, notice can be given by digital means (including email);
g) if you have used the Services:
i) in breach of any law;
ii) in a way that is misleading or deceptive;
iii) in a way that is unreasonable as determined by Quit Hero at its absolute discretion; or
iv) in a manner that can or does bring Quit Hero into disrepute or could damage Quit Hero's reputation as determined by Quit Hero in its absolute discretion.
19.5. Subject to local applicable laws, Quit Hero reserves the right to discontinue or cancel your access to the Services at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct damages Quit Hero’ name or reputation or violates the rights of those of another party.
19.6. When the Terms and/or upon termination of your Account, all of the legal rights, obligations and liabilities that you and Quit Hero have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
Dispute Resolution
20.1. If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought):
a) A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute.
b) On receipt of that notice (Notice) by that other party, the parties to the Terms (the Dispute Parties) must within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
c) If for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, the Dispute Parties must either agree upon the selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee.
d) The Dispute Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing.
e) It is agreed that the mediation will be held in Brisbane.
f) For the avoidance of doubt, the Dispute Parties need not attend the mediation or other means of resolution in person. The Dispute Parties may attempt to resolve the matter via any means of electronic communication. g) All communications concerning negotiations made by the Dispute Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
h) If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Dispute Party may ask the mediator to terminate the mediation and the mediator must do so.
i) In the event that the Dispute is not resolved at the conclusion of the mediation, either Dispute Party may institute legal proceedings concerning the subject matter of the Dispute thereafter. Venue and Jurisdiction
21.1. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
Governing Law and Jurisdiction
22.1. The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Notice
23.1. Quit Hero may provide any notice to you under the Terms by sending a message to your email address. The notice provided by Quit Hero to you by email shall be deemed to have been properly given on the date Quit Hero sends the email, regardless of whether you have received the email.
23.2. Unless specified otherwise, any notices provided by you to Quit Hero must be in writing and sent to hello@quithero.com.au.
Independent Legal Advice
The parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties have taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
Entire Agreement
These Terms and any terms referenced or linked herein constitute the entire agreement between the parties concerning the subject matter of the agreement and supersede all previous communications, representations, inducements, undertakings, agreements or arrangements between the parties.
Severance
If any part of the Terms is found to be void or unenforceable, that part shall be severed and the rest of the Terms shall remain in force.
Waiver
27.1. A waiver of any right, power or remedy under this Agreement must be in writing and signed by the party granting it.
27.2. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
27.3. The fact that a party fails to do, or delays in doing, something the party is entitled to do under this Agreement does not amount to a waiver.
Assignment
28.1. Quit Hero may assign or transfer its rights or obligations under the Terms without your consent.
28.2. You may not assign or transfer your rights or obligations under the Terms without prior written consent of Quit Hero. A purported assignment without written consent will be deemed to be void and convey no rights.
Contact
If you wish to notify us about anything relating to these Terms, please contact us at hello@quithero.com.au.
Complete your online medical assessment and begin your quitting journey!