Terms & Conditions

Thanks for using our products and services and thank you for taking the time to read our terms and conditions. Caia’s services are made available through the Caia App (the App) and the Caia Website located at w (the App and Website) and both are owned and operated by Caia Pty Ltd (Caia).By using our products and services and in consideration of Caia providing you with access to the App and Website, you agree to the following Terms and Conditions, which, together with the Privacy Policy,govern your access to and use of the App and Website.Caiareserves the right to amend these Terms and Conditions from time to time.

Who are we?

• Caia Pty Ltd (Caia)
  Registered Address: 11 York Street, Sydney, NSW, 2000, Australia
  ABN:50635739490
  Email: hello@askcaia.com
• Caia is a digital health and wellness concierge for women and their families that facilitates access to a range of services, including:
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  1.Care. Access to book confidential consultations with Australian Registered doctors and other Australian registered health practitioners (Partner Practitioners);
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  2. Treatments. Access to prescriptions, medical certificate and medications provided by Caia’s partner Instant Scripts Pty Ltd. By accessing the App and Website, you agree to Instant Scripts:Terms and Conditions and Privacy PolicyThe digital consultation provided by Instant Scripts as part of this service is provided in line with these terms and conditions and privacy policy and any other relevant policies provided by Instant Scripts;
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  3. Content. Access to a range of content articles, videos and audio media.
  
• Our App and Website andany communications you have with Caia representatives (other than PartnerPractitioners) do not constitute medical advice. You should always obtainmedical advice from a Partner Practitioner or your regular doctor to ensure anyparticular medication or treatment is suitable and safe for you.

User account

• You must become a registered user in order to make orders through the Caia App and Website, including attending consultations with Partner Practitioners. Each user is permitted to create a maximum of one registered user account (Account). Registered users must (1) be over 18 years old, (2) be resident in Australia,(3) be capable of entering a legally binding agreement with Caia and (4) agree to these Terms and Conditions.
• Registered users will be required to create an Account password. It is your responsibility to keep this password secure. If you suspect your Account has been subject to unauthorised use you must immediately notify Caia and change your password.
• When you register for an Account you will provide Caia with personal information including for instance, your name, age, date of birth, gender and contact details. Caia will handle personal information in accordance with our PrivacyPolicy. It is your responsibility to ensure the information provided is up to date and complete.

Services

• Caia takes no responsibility and makes no warranties, express or implied, in relation to the content of any consultation between you and a PartnerPractitioner. You and your Partner Practitioner are responsible for the conductof the consultation and all information or communications made, includingthrough the Chat feature of the App and Website or a phone call. This includesthe digital consultation that is provided by Instant Scripts when ordering aprescription, medication, treatment or medical certificate.
• Partner Practitioners have the same obligations to you as if they were consulting you in person. Partner Practitioners will make notes of their consultation with you and it is their responsibility to hold and maintain your records as required bylaw. Caia may from time to time hold copies of notes made by your Partner Practitioner.
• Caia makes no warranties that an online consultation, prescription, treatment or medication with a Partner Practitioner or partner service is suitable for you. Your Practitioner will make every effort to keep your personal information private and confidential. If you wish to have information released to another health practitioner, you will be required to provide consent before such information will be released. Records are kept securely by Practitioners not Caia and it is incumbent on Practitioners not to transfer your records with out your consent to any other health provider, medical professional, employer or Medicare. There are some limitations to confidentiality to which you need to be aware:·
  1. Your Practitioner may consult with a Practitioner supervisor or other professional Practitioner in order to give you the best service. In the event that your counsellor consults with another Practitioner no identifying information such as your name or address would be released.
  2. Practitioners are required by law to release information when the client poses a significant risk of harm to themselves, or others, and in cases of abuse to children or the elderly. If your Practitioner receives a court order or subpoena, she may be required to release some information. In such a case, your counsellor will consult with other professionals and limit the release to only what is necessary by law.

Intellectual Property

• All material on the App and Website, including the text, information, graphics, trading names, logos, design, layout, downloads, pricing, products and services(Content) is owned by or licensed to Caia. You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content for any purpose, other than with the prior written consent of Caia, or as permitted by law. All rights of Caia are reserved.
• 'Caia' and aspects of the Caia logo are trade marks of Caia.
• Trademarks used on the App and Website to describe third parties and their products and services are trade marks of those third parties.

Linking and Third Party Content

• You must not link to, frame or mirror any part of the App and Website without Caia’s written authorisation.
• The App and Website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites). Third Party Content and Third Party Websites are not under the control of Caia. Caia does not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.

Your conduct

You must not:

• use the App and Website in breach of any applicable laws or regulations;
• use the App and Website for commercial purposes (including for competitive advantage or to the competitive disadvantage of Caia);
• use the App and Website to harm, abuse, harass, stalk, threaten or otherwise offend others;
• interfere with, disrupt, or create an undue burden on the App and Website;
• upload, post, transmit or otherwise make available any material that:
  o is not your original work, or which may infringe the intellectual property or other rights of another person;
  o is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
  o includes an image or personal information of another person unless you have their consent;
  o you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;
  o contains large amounts of untargeted, unwanted or repetitive content; or contains financial, legal, or other professional advice.
• Without limiting the above, you will not and will not permit a third party to:
  o use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repacking the Content;
  o use, obtain, or attempt to obtain from the App and Website, information in order to identify or discover pricing, underwriting, rating and related business methodology or systems; and
  o do anything which will or may damage, disrupt access to or interfere with the proper operation of the App and Website.

If you believe that a user has breached any of the above conditions, please contact us. Caia reserves the right to block or suspend any user of its Website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the App and Website by any user, without notice.  

By uploading, transmitting, posting or otherwise making available any material via the App and Website, you grant Caia a non exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by theCopyright Act 1968. For the avoidance of doubt Caia will not use, reproduce, edit or exploit your health information provided to Caia. 

Caia is not responsible for, and accepts no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the App andWebsite by any person other than Caia.

Caia does not endorse any opinion, advice or statement made by any person other than Caia. You agree to indemnify Caia and each of the officers, employees, agents, contractors, suppliers and licensors (collectively Affiliates) of Caia in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these Terms and Conditions, or any other default or wrongful conduct in relation to the subject matter of theseTerms and Conditions, on the part of you or any of your Affiliates. 

Cookies

• A cookie is a small text file stored in your computer’s memory or on your hard disk for a pre-defined period of time. We use cookies to identify specific machines in order to collect aggregate information on how visitors experience theApp and Website. This information will help to better adapt the App and Website to suit personal requirements.
  
• We may use third-party vendors to show our ads on sites on the Internet and serve these ads based on a user’s prior visits to our Website. We may also use analytics data supplied by these vendors to inform and optimise our ad campaigns based on your prior visits to our Website.
  
• While cookies allow a computer to be identified, they do not contain personal information about a specific individual. For information on cookie settings of your internet browser, please refer to your browser’s manual.

User Content

• In these terms of use, 'your content' means material (including, without limitation, text, images, audio material, video material and audio-visual material) that you submit to our App or Website through the Chat or Email feature, for whatever purpose.
• You grant to us a worldwide, irrevocable, non-exclusive, royalty free licence to use, reproduce, adapt, publish, translate and distribute your content uploaded to our website through the Chat feature in any existing or future media. You also grant us the right to sub-license these rights and the right to bring an action for infringement of these rights.
• Any information uploaded to our App and Website through the Chat feature will be treated as confidential information between the User and Caia and will not be published on our website or made available publicly.
• You warrant and represent that your content will comply with these terms of use.
• Your content must not be illegal or unlawful, must not infringe any third party's legal rights and must not be capable of giving rise to legal action whether against you or us or a third party.
• You must not submit any content to the App and Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
• We reserve the right to edit or remove any material submitted to our App or Website through any chat or communication feature, or stored on our servers, or hosted or published upon our website and we will store and maintain records as required by law.
• Notwithstanding our rights under these terms of use in relation to your content, we do not undertake to monitor the submission of content uploaded to the Chat feature, or the publication of such content on, our App or Website. This clause is intended to disclaim editorial responsibility for content.
• We will store and maintain all material and records as required by law.

Liability

• To the extent permitted by law, Caia is not liable for any loss or damage, howsoever caused, which may result from your use of or failure to access theApp and Website, the content contained on the App and Website or due to the fact that the App or Website content is wrong, incomplete or out of date.
• To the extent permitted by law, Caia disclaims any liability arising from the actions of Partner Practitioners. The liability for the actions of PartnerPractitioners, including advice provided and prescriptions prepared and filled through the App and Website, rests solely with those third parties providers.This includes the services provided by Caia’s partner Instant Scripts in the provision of access to prescriptions, medications, treatments and medical certificates.
• All health-related queries should be directed to Partner Practitioners and not to Caia. Their contact details will be provided to you at the start of your consultation. Any advice provided through the Caia App via the “Ask Caia” functionality does not constitute medical advice. Any correspondence via the ‘Ask Caia’ functionality is designed to be informative and educational. It is not intended to provide specific medical advice or replace advice from your health practitioner and should never be relied upon for professional medical advice.Always talk to your doctor about the risks and benefits of any information provided. In case of emergency, visit your nearest Emergency Department or call 000.

Warranty and Disclaimer

• By accessing the App and Website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data maybe damaged by any virus transmitted by the App and Website or by any ThirdParty Content or Third Party Website.
• To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with the App andWebsite and its use are hereby excluded. By accessing our Website, you agree to indemnify Caia and each of its Affiliates for any loss, damage, costs or expenses whatsoever suffered by any person or entity arising out of or in anyway connected with your access to the App and Website.
• Caia does not warrant that the products and services provided through the App andWebsite are fit for your intended purpose. All products and services provided through the App and Website are provided on an 'as is' basis without warranty of any kind, express or implied.

Privacy Policy

• Caia’s Privacy Policy is incorporated by reference into these Terms and Conditions. By using the App and Website, you acknowledge our Privacy Policy as well as those of our partner organisations provided in this document.

Cancellation & Refunds Policy, Dispatch & Deliveries Policy

• Caia charges a consultation fee on behalf of our Partner Practitioners. You will be charged the consultation fee at once you start the assessment process. This consultation fee will be refunded to you if Caia Partner Practitioner considers the telemedicine format as not appropriate for your specific condition.
• Caia charges a subscription fee to access the Ask Caia messaging service within the App.You may:
  o cancel a Monthly subscription at anytime. Cancellation is effective at the end of the applicable monthly period. Please make any such cancellation by emailing hello@caia.care.
  o cancel a  Yearly subscription plan at any time.Cancellation is effective at the end of the applicable annual period.Additionally, our Yearly subscription plan is offered with a 30-day money back guarantee, which entitles you to a full refund upon cancellation and emailing hello@caia.caretorquest a refund. Such refund requests must be made within the first 30calendar days from your first date of payment. You are entitled to one refundonly. After your refund, any future subscriptions will no longer qualify forhe30-day money back guarantee. No such refunds will apply to subsequentrenewals of the Yearly subscription or subscriptions purchased through theApple iTunes Store or our iPhone application, or the Google Play Store or ourAndroid application.
  o please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by cancelling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play.
• Caia charges a fee to access prescriptions, medications, treatments and medical certificates provided through our partner Instant Scripts. Refunds, dispatch, deliveries for these services are per Instants Scripts terms and conditions and any other relevant policies. By accessing these services through Caia you agree to Instant Scripts terms and conditions and any other relevant policies.
• Cancellation by Us. We may suspend or terminate your use of the Products as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension maybe immediate and without notice. A breach of these Terms, includes without limitation, the unauthorised copying or download of our audio or video content from the App or Website.

Jurisdiction

• These terms and conditions are governed by the laws of New South Wales, Australia.

Contact

• If you have any queries regarding these terms and conditions, please contact us at hello@askcaia.com