Emsee Customer Terms

Introduction

These Emsee Customer Terms (Terms) apply to your Emsee Subscription which is provided by Emsee Health Pty Ltd ACN 123 859 861 (Emsee, we, us, our). By purchasing a Subscription or taking up any Emsee offering (even if we provide it at no charge, or as a trial), you agree to these Terms. You must be at least 18 years old.

Separate terms apply to your use of our Website, website portal and mobile app. You can find these on our Website at www.emsee.co.

Our contact details are as follows:
Email: info@emsee.co
Phone: 1300 412 422

1. Definitions and Interpretation
   1. Definitions
      In these Terms:
      1. App means the Emsee mobile application (more details here: https://emsee.co/app/)
      2. Content means the information or content Emsee makes available as part of your Subscription Benefits, as defined in clause 3.6a (Information and Content);
      3. Contacting Us or Contact Us means you contact us: (i) using available functionality within the App or Portal; (ii) by the methods we provide you when you purchase your Subscription or during your Subscription; or (iii) using the contact information pages of our Website.
      4. Emsee Medical means Emsee Medical Services Pty Ltd ACN 677 590 831, or such other medical practice as we notify you of from time to time;
      5. GST means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
      6. Medication Charges is defined in clause 3.4d (Medication Management);
      7. Partner Supply is defined in clause 3.3 (Partner Suppliers);
      8. Portal means the web-based subscriber portal available on our Website;
      9. Prescribed Medications is defined in clause 3.4a (Medication Management).
      10. Subscription means your pre-paid subscription to Emsee’s service, described on the Subscription Details Page (for your selected Subscription Type);
      11. Subscription Benefits means the services, benefits and inclusions of your Subscription Type, plus any services, benefits or other offerings we make available before or after you purchase a Subscription (such as trial services);
      12. Subscription Fee means the recurring fee payable for your Subscription as set out on the Subscription Details Page, as adjusted under clause 2.5b (Subscription Details);
      13. Subscription Period means the pre-paid period of your Subscription (e.g. weekly, monthly or annually);
      14. Subscription Type means the Subscription type you selected from the available options on the Subscription Details Page at the time of your purchase or at the time you updated your Subscription;
      15. Subscription Details Page means the web page on this page https://emsee.co/menopause-program/ (or an updated address we notify you of) describing our current Subscription offerings, including available Subscription Types, Subscription Fees and Subscription Periods; and
      16. Telehealth Consultations means the telehealth consultations described in clause 3.2 (Telehealth consultations);
      17. Website means our website at www.emsee.co; and
      18. You means you, the individual who purchases the Subscription or uses a Subscription Benefit.
2. Subscriptions
   
   1. Minimum Age
      
      1. By purchasing a Subscription or using a Subscription Benefit, you represent and warrant that you are at least 18 years old.
         
   2. Account and Subscription Details
      
      1. You must provide accurate, current and complete information to us when establishing an account for your Subscription and using Subscription Benefits. You must keep this information updated by Contacting Us.
   3. Portal/App
      
      1. If you have access to our Portal/App, you may update your details and manage your Subscription via the Portal/App (as the functionality of the Portal/App permits). Use of our Portal/App is subject to our Website and Portal/App terms of use, available at https://emsee.co/terms-conditions/ and https://emsee.co/emsee-app-terms-of-use/
   4. Subscriptions are Personal
      
      1. Your Subscription and any related account details are personal to you and provided for personal, non-commercial use only. You must not use or share your Subscription, related account details or Subscription Benefits with any other person or to provide benefits or services to any other persons. Your Subscription and Subscription Benefits are not transferrable or assignable.
         
   5. Subscription Details
      
      1. Your Subscription automatically renews for an additional period equal to your expiring Subscription Period, unless you cancel (see clause 6).
      2. Your Subscription Type determines your available Subscription Benefits and the applicable Subscription Fees. All of these details are on the Subscription Details Page.
      3. You can change your Subscription Type at any time by Contacting Us. The change will take effect at the next renewal of your Subscription (i.e. at the end of your current Subscription Period).
      4. We may update the Subscription Types, Subscription Benefits and Subscription Fees on the Subscription Details Page over time, on notice to you. However, changes will not affect your pre-paid Subscription Period and will only apply to you if and when your Subscription renews.
3. Service Terms
   
   1. Service Description
      Depending on your Subscription Type, Subscription Benefits may include:
      
      1. bulk-billed telehealth consultations with Emsee Medical, in which case clause 3.2 (Telehealth consultations) applies;
      2. medication management services, in which case clause 3.4 (Medication Management) and 3.5 (Delivery of Goods) apply;
      3. discounts on products supplied by partner suppliers, and exclusive offers or invitations from partner suppliers, in which case clause 3.3 (Partner Suppliers) and 3.5 (Delivery of Goods) apply;
      4. informational content related to menopause care, in which case clause 3.6 (Information and Content) applies;
      5. invitations to exclusive events from us; and
      6. access to a paid subscription tier of the App, in which case clause 3.7 (App Access) applies.
   2. Telehealth consultations
      
      1. Where bulk-billed telehealth consultations are included in the Subscription Benefits, those consultations are provided by Emsee Medical, which operates independently from us and: (i) Emsee Medical offers telehealth consultations (including phone and video calls) with general practitioners and other health service providers such as naturopaths and nutritionists, as determined from time to time by Emsee Medical; and (ii) telehealth consultations are available as Subscription Benefits solely and specifically for the purpose of hormone and menopause care only, and only to the extent that the care required can be safely and effectively provided via phone or video call in accordance with applicable laws and the judgment of the relevant health practitioner.
      2. Telehealth Consultations are not appropriate for emergency medical situations. In those situations, you should obtain immediate assistance by calling 000 or attending your nearest emergency department.
      3. Emsee Medical is responsible for determining your eligibility for specific Telehealth Consultations, the frequency and type of appointments, and advising on your care and treatment (if any), in accordance with applicable regulatory standards for supplying health and medical services. We do not guarantee or suggest any particular appointment types or frequency, health outcomes, results, treatments or therapies.
      4. Emsee Medical practitioners are responsible for their own professional conduct and medical and health advice. We do not provide medical advice, diagnosis or treatment (including prescriptions), and are not responsible for the professional conduct of Emsee Medical practitioners. You are entitled to raise any concerns about Emsee Medical practitioners with the relevant practitioner, Emsee Medical or with a relevant regulatory body.
   3. Partner Suppliers
      If any third party product (including any product sample), service, offer, discount or invitation is part of your Subscription Benefits (Partner Supply), then:
      
      1. it is your responsibility to independently assess the third party provider of the Partner Supply, and the suitability of the Partner Supply, which we do not endorse or vet on your behalf;
      2. you can only redeem a Partner Supply in the manner specified by the third party provider, which may require you to share your personal details directly with the third party provider, place an order or register an account online with them, use specified communication methods with them or produce a discount code or coupon on redemption;
      3. you purchase, obtain or redeem each Partner Supply directly from the third party provider and we are not responsible for quality, safety, value or your satisfaction with the Partner Supply; and
      4. we are not responsible for the inherent risks associated with online platforms, software, downloads or other digital goods made available by a third party which you use at your own risk.
   4. Medication Management
      If medication management is one of your Subscription Benefits, then:
      
      1. we will arrange for the dispatch of medications prescribed as part of your Telehealth Consultations (Prescribed Medications) to you via a partner pharmacy (determined by us);
      2. you authorise us to disclose the necessary information (including your prescription information and address details) to the partner pharmacy for the purpose described in paragraph a. above;
      3. you can change the date of your next Prescribed Medication dispatch or cancel it by Contacting Us, unless it has already been dispatched (please give at least one week’s notice);
      4. you must pay for the cost of the medications dispatched to you plus applicable shipping costs (detailed on our Website) as a separate, additional charge (Medication Charges) and acknowledge Medication Charges are not included in your Subscription Fee;
      5. Medication Charges are at standard PBS (Pharmaceutical Benefits Scheme) prices or if not subsidised by the PBS, will be notified to you in advance; if you do not agree to the Medication Charges, please contact us promptly to discuss;
      6. you will be invoiced for Medication Charges direct from our partner pharmacy and must pay the invoice. We and our partner pharmacy may suspend dispatch of Prescribed Medications if they have not been paid for;
      7. Medication Charges are billed at 8-week intervals or if your dispensed medication supply is prescribed for some other interval, then at that other interval; and
      8. if any medication arrives damaged, expired, faulty or was incorrectly dispensed, you should Contact Us within 30 days of receiving the medication, and we will liaise with the partner pharmacy on your behalf, to arrange a refund, exchange or replacement (at the partner pharmacy’s reasonable discretion). You must return the affected item(s) to us, unused, within 7 days of reporting the issue to us, following the instructions we provide. Contact Us promptly if you have an issue with your shipment or need to discuss your circumstances, so we can help.
   5. Delivery of Goods
      
      1. We or our third party suppliers will choose a reputable carrier to ship any goods and products which we ship to you, by post.
      2. We will not dispatch (or authorise the dispatch) of any goods and products until we have received full payment of applicable fees and charges (if any).
      3. Where possible, we will provide or arrange for you to receive available tracking information for goods in transit to you and contact details to enable you to make enquiries or request updates about your order directly the carrier or third party supplier.
      4. Any indications about delivery times are estimates only and actual transit times may vary and are outside of our control.
   6. Information and Content
      
      1. We may provide menopause-related information and content via our Website, Portal, App, email, webinars or by other means we make available from time to time (Content).
      2. We do not provide clinical or health services. Our Content is general information regarding menopause, wellbeing and related topics, and provided for educational and informational purposes only. Content is not, and is not intended to be, professional medical advice, diagnosis or treatment, personalised guidance, or a substitute for any of them. You need to evaluate the relevance and usefulness of Content and seek independent professional health advice before relying on any Content. We are not responsible for decisions you take in reliance on the Content.
      3. For personalised advice before making any decisions about your health and treatment, you should seek the support of a qualified health professional. If included in your Subscription Benefits, you can do this via Telehealth Consultations which are provided by Emsee Medical as described in clause 3.2 (Telehealth consultations). You should otherwise consult your general practitioner (GP).
      4. If we suggest or mention third party websites, information providers or resources in our Content, then unless stated otherwise, we do not endorse, recommend or sponsor those third party resources or their operators, and do not accept responsibility for their content.
      5. We will use all reasonable efforts to ensure Content is reasonably available, accurate and not misleading. However, we do not guarantee the constant availability of Content or that it is free of errors.
   7. App Access
      
      1. Your access to our App is subject to the App terms of use which are available at https://emsee.co/emsee-app-terms-of-use/ and within the App. App subscription tiers may change over time but we will maintain your access to the equivalent App subscription tier for so long as it is included in your Subscription Benefits.
         
4. Fees and Payment
   
   1. Subscription Fees
      
      1. You must pay the applicable Subscription Fee for your Subscription Type, in advance for each Subscription Period.
      2. All fees and charges are quoted or displayed in Australian dollars.
      3. Subscription Fees are GST-inclusive (where GST applies).
      4. Medication Charges and any other applicable product, service or shipping charges are quoted including GST (which you are responsible for paying).
   2. Payment Methods
      
      1. You can pay by credit card, debit card or any other payment method accepted by us. You authorise us to automatically charge your nominated payment method for Subscription Fees and any other applicable charges under these Terms, when due.
   3. Failed Payments
      
      1. If we cannot process your payment or do not receive payment, we may suspend your Subscription Benefits until payment is received. We may charge reasonable administration fees for failed payments as disclosed on our Website.
         
5. Privacy and Data Protection
   
   1. Privacy Policy
      
      1. Our collection, use and disclosure of personal information, including your health information, is governed by our Privacy Policy (as updated from time to time), available at https://emsee.co/privacypolicy or at another link we later provide.
   2. Data Security
      
      1. We implement appropriate security measures to protect your personal information, but cannot guarantee absolute security of data transmitted over the internet.
         
6. Cancellation and Termination
   
   1. Cancellation by You
      
      1. You may cancel your Subscription at any time by Contacting Us to request the cancellation on at least seven business days’ notice before your Subscription Period ends. Your Subscription will be cancelled with effect at the end of your current Subscription Period.
   2. No Refunds
      
      1. Except as required by law or provided for in these Terms, Subscription Fees are paid in advance for a Subscription Period commitment, and are non-refundable.
   3. Effect of Termination: On termination of your Subscription:
      
      1. your right to receive Subscription Benefits ceases;
      2. we may cancel your access to the Portal;
      3. any outstanding or invoiced Subscription Fees and other applicable charges remain payable, and any amounts which we were entitled to charge for prior to the termination, will remain payable (on invoice); and
      4. terms that should survive termination, will continue to apply.
7. Consumer Guarantees and Liability
   
   1. Australian Consumer Law
      
      1. Nothing in these Terms restricts or excludes the application of the Competition and Consumer Act 2010 (Cth) or any State and Territory equivalent (ACL). Our services come with guarantees that cannot be excluded under the ACL. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure is not a major failure, you are entitled to have problems with the service rectified in a reasonable time, and, if this is not done, to cancel the contract and obtain a refund for the unused portion of the contract.
   2. Limitation of Liability: To the maximum extent permitted by law:
      
      1. our liability for breach of a consumer guarantee is limited to: (i) in the case of services, resupplying the service or paying the cost of having the service resupplied, or (ii) in the case of goods, the supply of the goods again, the replacement of the goods; or the payment of the cost of having the goods re-supplied;
      2. we exclude all liability for indirect, consequential or special loss or damages; and
      3. our total liability to you for any claim is limited to the amount you paid in Subscription Fees for the Subscription in the 3 months (or your Subscription Period, whichever is longer) preceding the claim, but nothing limits our liability for personal injury or death resulting from our negligence, or for any matter which we cannot by law limit our liability for.
8. Dispute Resolution
   
   1. Initial Resolution
      
      1. If you have a complaint or dispute, please Contact Us first so we can try to resolve the matter. We will respond to complaints and disputes within a reasonable time.
   2. Governing Law
      
      1. These Terms are governed by the laws of New South Wales, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of New South Wales.
9. General Terms
   
   1. Changes to Terms
      
      1. In addition to our right to update general Subscription details under clause 2.5d (Subscription Details), we may update these Terms over time on notice to you, subject to this clause.
      2. Material changes to these Terms will not apply to your Subscription until your next Subscription renewal (i.e. the end of your current Subscription Period), unless we get your agreement to the change. We can request your agreement via email, SMS, phone or the Portal.
      3. We may make minor changes that do not adversely impact you (such as changes to our contact details or URL links to information) on reasonable notice to you during your Subscription Period.
   2. Communications
      
      1. We will generally communicate with you via email, phone (including SMS), the App (where appropriate) and the Portal. You can Contact Us in many ways, including by calling the phone number on our Website.
   3. Entire Agreement
      
      1. These Terms, the information on our Subscription Details Page, our Privacy Policy, constitute the entire agreement between you and us regarding your Subscription.
   4. Severability
      
      1. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
   5. Waiver
      
      1. Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
   6. Force Majeure
      
      1. We will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, government actions or technical failures.