fatsecret Weight Loss Clinic Patient & Visitor  Terms of Use

4.1We provide the following services via our website which include:

1. enabling communication of advice and consultation between you and a Practitioner and/or Health Professional and our third party service providers (including pharmacy suppliers, pharmacists and delivery couriers);
2. providing access to our website with records of your communication with a Practitioner and/or Health Professionals and the medical information and health records you have provided in your account;
3. providing access to information of food and exercise tracking, customized diet plans and to our online diet, nutrition and weight loss community services via our mobile application; and
4. fulfilment and delivery of your purchase of pharmaceutical items as prescribed by a Practitioner.

4.2We offer the WLC Services for a Patient, under two programs, either a :

1. Nutritional Coaching Program which includes:
   - An initial Telehealth Consultation of 60 minutes with a Health Professional;
   - Follow up Telehealth consultations of 30 minutes duration with a Health Professional. The number of consultations per month is determined by your subscription (either one or two consultations per month) for coaching and guidance for a Patient to achieve their weight management goals; and
   - premium access to our fatsecret mobile application of online diet, nutrition and weight loss community services;OR
2. Medicated Weight Loss Program which includes:
   - a pre-screening questionnaire to determine eligibility and, if successful;
   - an initial Telehealth Consultation of with a Practitioner, up to 30 minutes as determined by the Practitioner, with pathology referral services and prescription medication available on Practitioner advice;
   - an initial Telehealth Consultation of up to 60 minutes with a Health Professional; and then monthly 30 minute follow up Telehealth Consultations with a Health Professional each month thereafter for coaching and guidance for a Patient to achieve their weight management goals; and
   - premium access to our fatsecret mobile application including online diet, nutrition and weight loss community service.

4.3We reserve the right to make changes to any and all WLC Services offered in the above programs.

5.1Eligibility: To be eligible to use the website and the WLC Services you must register for an account. The account will be set up in your name as the Patient and you must:

1. be at least 18 years of age; 
2. in Australia;
3. access the WLC Services within Australia;
4. be capable of entering into a legal binding agreement with us; and
5. be capable of consenting to medical treatment, if such is determined to be appropriate by a Practitioner.

5.2Your account: To set up your account you are required to provide details about yourself (such as identification and contact details) as part of the registration process. You must ensure that this information is true, accurate, complete and up to date.

5.3Privacy: We will comply with the Privacy Act 1988 (Cth), our privacy policy and collection notice and health records laws when collecting, handling and using any personal information (including sensitive information) that we obtain about you in connection with your use of the WLC Services.

5.4You are responsible for any activity that happens on or through your account.

5.5To protect your account, keep your user login and password confidential. You understand if you give anyone your user login, you are consenting to them accessing your account on your behalf including accessing any personal information and sensitive information that can be viewed through the website.

5.6You should notify us immediately if you become aware of any unauthorised access to or use of your account.

5.7By registering for an account, you consent to us collecting, using, disclosing and storing sensitive information such as your health information for the purposes set out in our privacy policy and collection notice.

5.8Your health information: We may request you to provide health information in a patient intake form, a questionnaire or during a consultation for your Practitioner’s use for your telehealth appointment and to receive the WLC Services. Health information is any personal information (including images) about a person’s health or disability and any information that relates to a health service that a person received or will receive. Your health information is sensitive and personal information and it will be stored in accordance with our privacy policy and collection notice.

6.1If you require a coaching session with a Health Professional or a Practitioner consultation service, you may book an appointment on the website for a virtual online telehealth consultation (Telehealth Consultation).

6.2Telehealth Consultations are provided via a phone call or a video call.

6.3Your Practitioner or Health Professional may advise you that;

1. your condition or the services you require are not appropriate for a Telehealth Consultation;
2. you require a follow up Telehealth Consultation;
3. you should attend a face-to-face visit with a medical practitioner;
4. you should attend your closest hospital emergency centre as soon as possible; or 
5. any other matter that your Practitioner or Health Professional considers appropriate in the circumstances.

6.4Practitioners operate with clinical independence and are solely responsible for the health care service they provide to you, including compliance with standards of care, record keeping and other professional obligations as well as compliance with privacy laws.

6.5We do not guarantee that you will be able to have a Telehealth Consultation with a specific Practitioner.

7.1You agree that;

1. the Telehealth Consultation should not be used in case of an emergency or the treatment of life-threatening injuries;
2. you have direct clinician-patient relationship with your Practitioner, and we are not a party to that relationship and we are not liable to any services provided as part of that relationship. Our role is limited to the provision of administrative support and the website as a platform through which you and the Practitioner can interact;
3. you and the Practitioner are responsible for the conduct of each consultation and all information and communication made;
4. a Telehealth Consultation will not be appropriate for all Patients, conditions or circumstances and you may be directed to an alternative service on this basis; and
5. if you access a Telehealth Consultation from outside Australia, you acknowledge and agree that the Practitioner or Health Professional may not be registered or authorised to practise outside Australia.

7.2To be eligible to use Telehealth Consultation you must, unless we agree otherwise, be at least 18 years old and only access and use Telehealth Consultation on the website in relation to yourself (that is, where you are the Patient).

8.1Your Telehealth Consultation appointment booking will be confirmed by email or SMS.

8.2If your Telehealth Consultation is via phone call, the Practitioner or Health Professional will call you at the confirmed appointment time on the number you provide in your account. If your Telehealth Consultation is via video call, you can join the video call via the link provided via email and SMS.

8.3You must not record or transmit any Telehealth Consultation, you must not upload any content, image, video or information onto the Telehealth Consultation service. We provide the Telehealth Consultation in accordance with its terms and conditions at login. 

8.4In addition to our rights to terminate or suspend the Telehealth Consultation service as described in Section 18, you acknowledge that: 

1. your access to and use of the Telehealth Consultation service may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Telehealth Consultation services for any reason, including as a result of power outages, system failures or other interruptions; and 
2. we shall also be entitled, without any liability to you, to suspend access to any portion or all of the Telehealth Consultation service at any time, on a service-wide basis: 
   i: for scheduled downtime to permit us to conduct maintenance or make modifications to any Telehealth Consultation service;
   ii:  in the event of a denial of service attack or other attack on the Telehealth Consultation service or other event that we determine, in our sole discretion, may create a risk to the applicable Telehealth Consultation service, to you or to any of our other customers if the Service were not suspended; or 
   iii: in the event that we determine that any Service is prohibited by applicable law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, ‘Telehealth Consultation service suspensions’).
   

8.5To the extent permitted by law, we and our third party service providers do not represent or warrant that the Telehealth Consultation service complies with any legal requirements, is free of inaccuracies, errors, bugs or interruptions (including without limitation services suspensions) or is reliable, accurate, complete or otherwise valid to the extent permitted by law, the Telehealth Consultation service are provided “as is” and “as available” with no warranty, express or implied, of any kind.

8.6To the extent permitted by law, we and our third-party service providers expressly disclaim any and all warranties and conditions, including, but not limited to, any implied warranty of merchantability, fitness for particular purpose, legality, availability, security, title and/or non-infringement. Your use of the Telehealth Consultation service is at your own discretion and risk and you will solely be responsible for any damage that results from their use, including but not limited to, any damages to your computer system or loss or corruption of data

9.1Following a Telehealth Consultation a Practitioner may issue a prescription for medication to you, the issue of a prescription is entirely at the discretion of a Practitioner.

9.2We do not guarantee that a Practitioner will issue you with a prescription following a Telehealth Consultation with you.

9.3If the Practitioner decides to issue you with a prescription, we connect you with a pharmacy and facilitate your ordering, purchasing and receiving delivery of your prescription medication from a pharmacy and you enter a separate contract with that pharmacy. 

9.4We do not make or sell pharmaceutical products. We do not supply any prescription medication directly to Patients. You understand that we act as agent only for any pharmacies recommended by us to you for the dispensation of medication prescribed by a Practitioner and we are not responsible for the dispensing of any medication prescribed to you in any way.

9.5All pharmaceuticals are supplied by pharmacies and as prescribed by our Practitioners after consultation with you.

9.6For prescription medication issued by the Practitioner, you authorise us to facilitate the performance of the contract between you and the pharmacy, including collection and passing of your payment onto the pharmacy. You also consent for the Practitioner providing your personal information to the pharmacy in accordance with our privacy policy and collection notice, and, if required, you agree to the pharmacy contacting you (and us) in order to confirm any related details for your prescription in order to dispense the prescription medication.

9.7You acknowledge that a pharmacy may decline to dispense your prescription medication for any reason, including on the basis of their clinical judgement or the unavailability of the prescribed medication.

9.8We are not liable in any way for any prescription issued by a Practitioner, or any medication dispensed by a pharmacy.

9.9All pharmaceuticals are supplied with detailed instructions for use. It is your responsibility to read and understand these before using the medication and to use prescribed medication in accordance with the written instructions including any special instructions provided by the Practitioner.

9.10At no time do we promise any level of results and the Practitioner will at all times maintain full transparency about the realistic clinical outcomes of the treatment. If, after consultation our Practitioner cannot safely or adequately provide treatment they will advise you of this promptly.

9.11We reserve the right to make changes to your WLC Services if new medical information is divulged. We will do so by making changes via your account, by email notification or during a Telehealth Consultation and you must advise us promptly on receipt of any further medical information.

9.12You acknowledge that a Practitioner with whom you enter a relationship on this website does not replace the role of a general managing medical practitioner. It is your responsibility to inform your personal managing medical professionals of any treatment sought from our website and, if requested (and with your consent), we can make contact with general practitioners or other health providers and provide further information regarding any treatment or WLC Services.

10.1The pharmacy will dispatch your medication for delivery and provide notification within 1-2 business days via the courier network. Couriers are third party providers engaged by us and we cannot be liable for any loss, damage resulting from the conduct of courier.

10.2All deliveries will be delivered to the provided address on your account, if the address information is not on your account then a different delivery time may apply.

10.3If the prescribed medication appears to be wrongly dispensed, damaged or your delivery is delayed, you should contact us on the details in Section 22.

10.4If you request any changes to your delivery after your prescription medication has been dispensed from the pharmacy, you will still be charged for the medication.

11.1A Practitioner may order a pathology test referral for you during your Telehealth Consultation and, if so, the Practitioner will provide an e-order for this service. Depending on the test and your Medicare eligibility, this is usually a service subject to a rebate by Medicare. 

11.2You are required to use the e-order and arrange the pathology collection at your pathology health provider.

12.1You must only use the website for the purposes permitted by these WLC Terms of Use.

12.2You agree that the website is used to transmit information about you to the extent necessary to book an appointment with a Practitioner and/or Health Professional and receive WLC Services.

12.3If your information changes, it is your responsibility to update the relevant information on your account.

12.4You must not access another person’s account unless authorized to do so.

12.5You agree any cancellation of a proposed appointment (inclusive of Telehealth Consultations) with a Practitioner and/or Health Professional is in accordance with the cancellation terms in Section 18.

12.6In accessing and using the website and its content you must not:

1. violate any applicable laws or access or use the website for any unlawful purpose;
2. distribute viruses, spyware, corrupted files or any other similar software or programs that may damage the operation of any computer hardware, software or device;
   
3. collect or store personal data about other users of the website;
   
4. engage in threatening or abusive behaviour, for example through any available message, chat forum or review functionality;
   
5. engage in any other conduct that inhibits any other person from accessing the website;
   
6. transmit any material that contains adult content or entertainment, including pornography, erotic content, sexually explicit content, prostitution, or any other content not appropriate for general audiences;
   
7. offer or promote gambling, games of chance involving the payment of any consideration, or illegal sweepstakes or contests;
   
8. use the Telehealth Consultation service in a way that constitutes or promotes, or for the purpose of dealing in:
   - spyware, adware, or other malicious programs or code;
   - counterfeit goods; unsolicited mass distribution of email;
   - multi-level marketing proposals;
   - hate materials;
   - hacking/surveillance/interception/descrambling equipment;
   - libelous, defamatory, abusive, harassing or otherwise offensive content;
   - body parts or bodily fluids; stolen products or items used for theft;
   - fireworks, explosives, or hazardous materials;
   
9. promote illegal drugs, violate export control laws, or relating to illegal arms trafficking;
   
10. interfere with or disrupt the Telehealth Consultation service or servers or networks connected to the Telehealth Consultation service, including by consuming a disproportionate share of the resources of the service, or disobey any requirements, procedures, policies or regulations of networks connected to the Telehealth Consultation service;
    
11. violate any applicable local, state, national, or international law, or any regulations having the force of law; or
    
12. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Telehealth Consultation service.
    

13.1All intellectual property rights in the information and material published on the website are owned by us or licensed to us and you obtain no interest in the intellectual property rights in that information or material. All content in the website, including but not limited to all software, design, brand names, text, photographs, information, sound recording, images and other material is protected by intellectual property laws in Australia. You must not do anything which interferes or breaches those laws or the intellectual property rights of the website or any of its components.

14.1We are not responsible for

1. making sure website is error-free, defect-free or compatible with any other systems or services;
2. ensuring that you have continuous access to the website;
   
3. any loss as a result of your use, or your inability to use the website; or
   
4. any loss of as a result of you not accessing an SMS or email message.
   

14.2In this clause, loss means any loss, damages, cost or expenses to any person or property, including loss of profits or revenue, loss or denial of opportunity, loss of use, loss of data, and any indirect, remote or unforeseeable loss.

14.3We do not:

1. take any responsibility in relation to the consultation between you and the Practitioner;
2. provide or prepare any medical or health advice to you at any time;
   
3. employ any Practitioner; and
   
4. represent or warrant that Medicare benefits will be able to be accessed by you for any Telehealth Consultation you received from Practitioner.
   

15.1The website (including material comprised in it) is made available to you on an “as is” basis and “as available” basis and at your own risk. We make no representation, provide no warranty or guarantee (either express or implied) and exclude all liability and any implied warranties (whether implied by statute or otherwise) in connection with:

1. the provision and availability of the website or your use of the website or any other linked website;
2. the functionality, features and performance of the website (we may withdraw, suspend or discontinue any functionality or feature at any time);
   
3. the legality or suitability of the website or any services provided through it;
   
4. the name or brand used by us or a health practitioner in connection with the website, and non-infringement of third party rights;
   
5. the security of the website or any linked site, or the safety of any file or software associated with them (such as safety from virus or defects including those which could damage or interfere with your data, hardware or software);
   
6. merchantability, fitness for particular purpose and non-infringement of third party intellectual property rights;
   
7. the website being provided error-free or without interruption; or
   
8. the accessibility, accuracy, quality, currency or reliability of the website or any linked site, or of any Practitioners’ or Health Professionals’ or third party material, information products or services promoted or accessed via the website or any linked site.
   

15.2We make no representation, provide no warranty or guarantee (either express or implied) and exclude all liability and any implied warranties (whether implied by statute or otherwise) in relation to the content of any consultation or treatment between you a Practitioner (including any medical advice provided, prescription given by a Practitioner).

16.1We offer subscriptions for WLC Services as detailed on the subscription/payment page. The detailed inclusions of your subscription are shown on the payment page prior to payment and confirmed in your subscription invoice.

16.2Your subscription is for a 28 day period and will it automatically renew at the end of each subscription period unless you actively cancel it 5 business days prior to renewal. Your subscription period commences from the date of your payment.

16.3We request your details for payment of your subscription. By agreeing to the subscription and providing your payment details you authorize us to charge your preferred payment method for the applicable subscription fee. You are responsible for ensuring you payment details are accurate and up to date.

16.4If your payment fails for any reason your subscription will be paused until you rectify your payment. You will be notified by email about the failed payment and request you correct your payment information before next billing date. If payment remains outstanding by the end of the lapsed period, you subscription will be cancelled and you will be unable to access your WLC Services during the lapsed period. If you successfully pay before the lapsed period, your subscription will be reinstated for the remaining term, and the recent payment date will become your new date of payment. 

16.5Your payment details are not stored within our website or by us nor processed by us.

16.6We utilize a third-party payment processor to handle transactions. Your payment details are securely stored within a trusted payment gateway, and all payments are processed by the third-party provider in accordance with their terms of service and privacy policy, which are displayed before you complete your payment. We reserve the right to change our payment processor at our discretion.

16.7Any change in the subscription fees or range of variable prices of prescription medication or payment terms for the WLC Services will be effective on notification of the change on the website by providing notice by email to you and will apply to any WLC Services requested after the change. We will provide prior notice of any subscription fee change and you can decide not to renew the subscription and cancel before the end of the subscription period.

16.8As of the date of these WLC Terms of Use and subject to a change in Australian Government policy, the Telehealth Consultations with a Practitioner via our website are not eligible for a Medicare rebate under Medicare and bulk billing is not offered for this service.

16.9We will provide you with an invoice for WLC Services provided by us or on our behalf in your account. If you have received a prescription medicine from a pharmacy and you request an invoice for such, we can facilitate an invoice be provided to you.

17.1You have rights under Australian Consumer Law in relation to the provision of WLC Services as well as in relation to any goods provided to you by a pharmacy including the right to refund replacement and repair.

17.2We will offer a refund where a payment has been made for prescription medication and the pharmacy does not dispense your prescription medication because;

1. the pharmacy, upon clarifying (or coordinating) with the prescribing GP,determines that you are unsuitable for the medication; or
2. the pharmacy is unable to dispense your prescription medication due to unavailability of stock.
   

17.3We will offer a refund in the event there is a delivery issue (such as lost parcel) with the service provider and you have not received the prescription medication and you have contacted us of the failed delivery.

18.1You may cancel your subscription at the end of the subscription period. To cancel your subscription you must notify us 5 business days before the end of the subscription period via email clinic@fatsecret.com. Cancellation will take effect at the end of your then current subscription period.

18.2For Medicated Weight Loss Program subscriptions: In order to avoid being charged for the next month of prescription medication you must ensure your cancellation of your subscription is made via email to us at clinic@fatsecret.com at least 5 business days before the end of subscription period.

18.3If you choose to cancel your subscription, the WLC Services will remain active until the end of your then current subscription period. At the end of the subscription period your subscription and account will become inactive.

19.1If you do not comply with these WLC Terms of Use, including if you infringe any intellectual property rights of others or violate any part of the acceptable use provisions of Telehealth Consultation services or misuse the SMS service, we may lock, suspend or cancel your account and access to the website.

19.2If your account has been cancelled and you wish to resume using website, you will need to contact us at the details in the Contact Us Section 22 to have your account reactivated.

20.1To the extent permitted by law, fatsecret are not liable for any direct or indirect losses, costs, expenses or damages (Losses) whether in contract, tort or otherwise (including negligence) rising out of or in connection with your use of the website, related services and products, content or information contained within the website or any linked site, of our performance or non-performance of our obligations under these WLC Terms of Use, even if we have been advised of the possibility of risk of harm or damage.

20.2To the extent permitted by law, we are not liable to any person or entity for any Losses or damage however cause including due to negligence which may arise out of:

1. your consultation with any health services provided by the Practitioner via the website;
2. any action or conduct of the Practitioner including, without limitation, advice provided to you, or prescription medication issued to you; and 
   
3. any prescribed medication dispensed to you by any pharmacy as a result of your consultation with a Practitioner.
   

20.3To the extent permitted by law, you agree that in the event of any problem with the website, any services or any dealings between us and you regarding the website:

1. your sole remedy is to cease using the website or any information, material or services provided to, or accessed by, you in connection with the website;
2. you agree to indemnify us for any Losses claimed by any party in connection with your use of or access to the website and/or if you breach these WLC Terms of Use; and
   
3. where permitted by law, you waive the provisions of any law limiting or prohibiting indemnity as set out in this clause.
   

20.1These WLC Terms of Use, as amended or updated by us from time to time, constitute the entire agreement between us and you in connection with the website.

20.2These WLC Terms of Use and your access and use of the website are governed by the laws in force in the State of  Victoria , Australia. You agree that any action at law or in equity arising out of or relating to the use of the WLC Services and these WLC Terms of Use may only be filed in the State or Federal courts located in Victoria Australia and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of the litigating any such action, provided that the foregoing shall not prevent fatsecret from seeking injunctive relief in a court of competent jurisdiction.