Terms Of Use

Terms of Use

1.  Use of Platform

    (a)  Prescribe Connect and its related entities, including but not limited to DBG Health Pty Ltd (DBG) and Axe Health Pty Ltd (ACN 627 538 934) (together Prescribe Connect, or we, us, our), have a health education platform and associated websites, mobile applications, content and services (together, the Platform).

    (b)  These terms of use (Terms) and DBG’s Privacy Policy form the basis on which you may access and use the Platform. If you browse or otherwise access any content or data on our Platform, you agree to be bound by these terms.

    (c)  We reserve the right to change any or all our Terms or other conditions for using our Platform at any time by publishing the new terms on our website. Your use of our Platform constitutes your acceptance of those terms. Should you object to any of our terms of use or other notices on our Platform, your sole option is to immediately cease your use of our Platform.

2.  Eligibility and Registration

    (a)  You must be a registered healthcare professional with a valid Australian Health Practitioner Regulation Agency (AHPRA) registration to be able to use the Platform and by using the Platform, you represent and warrant that you meet this requirement.

    (b)  To access the Platform, including any educational services and features offered, you must register an account. In doing so, you:

          (i)  agree to provide accurate and up-to-date information, and to update such information promptly if it changes; and

          (ii)  acknowledge and agree that you are solely responsible for ensuring that participation in any course or activity meets your professional, accreditation, or continuing professional development (CPD) requirements.

          (iii)  acknowledge and agree that you are responsible for safeguarding your login credentials and for all activity conducted under your account. You must notify us immediately if you suspect unauthorised use.

3.  Your obligations

    In accessing or using our Platform, you agree that you will not:

    (a)  act in violation of the Terms or any other conditions imposed by us or any applicable law;

    (b)  copy, reproduce, translate for commercial use, adapt, modify, or otherwise use any material on the Platform, except as expressly permitted in these Terms;

    (c)  use any material on the Platform for commercial purposes;

    (d)  engage in web scraping, automated data mining, or similar data extraction techniques;

    (e)  provide, share or make available any Site content to others in any form;

    (f)  use our Platform or any content from our Platform in any manner which is, in our sole discretion, not reasonable and/or not for the purpose which it is made available;

    (g)  allow your employees, subcontractors or agents (if any) to access the Platform without ensuring they are aware of and comply with these Terms;

    (h)  use the Platform to:

          (i)  breach any law, regulation, third-party rights, or applicable codes or standards;

          (ii)  defame, harass, bully, threaten, or offend others or interfere with their rights or use of the Platform;

          (iii)  post or transmit material that is obscene, discriminatory, pornographic, inflammatory, or otherwise unlawful;

          (iv)  commit or promote a criminal offence, or post malicious software (e.g. viruses, trojans, worms);

          (v)  hack or disable any part of the Platform, send spam, or disrupt functionality or performance; or

          (vi)  submit false or misleading registration information.

4.  Children

    The Platform is not intended for use by individuals under the age of 16. If you are under 16 years of age, you must not use the Platform without the supervision or consent of a parent or legal guardian. Prescribe Connect does not knowingly collect personal information from individuals under 16 without consent from a parent or legal guardian.

5.  Payments and Transactions

    (a)  All payments on the Platform are processed by our third-party payment provider, Stripe Payments Australia Pty Ltd (Stripe).

    (b)  We accept major credit and debit cards, including Visa, Mastercard and American Express. Additional transaction or processing fees may be charged by Stripe, your card issuer or financial institution, for which we are not responsible. You agree and accept their terms and conditions of use, available at https://stripe.com/au/pricing.

    (c)  A merchant processing fee may be charged by Stripe for each transaction in accordance with their terms and conditions.

    (d)  We do not store or process your credit card details.

    (e)  We do not accept liability for any payment delays, errors, interruptions, chargebacks or declines arising from Stripe or your financial institution. Any disputes relating to transaction processing, refunds, or unauthorised charges must be raised directly with Stripe or your financial institution.

    (f)  All prices are listed in Australian Dollars (AUD) unless otherwise stated, and include GST where applicable. You are responsible for any applicable taxes associated with your purchase.

6.  Cancellations and Refunds

    (a)  We are committed to complying with the Australian Consumer Law (ACL), which provides certain rights and guarantees that cannot be excluded. Nothing in these Terms limits your rights under the ACL and you may be entitled to further remedies (including repair, replacement, or refund).

    (b)  You are entitled to a replacement service, credit for a replacement service or refund (at your discretion) if we fail to deliver a course you have purchased, where the failure is caused by our fault, including where the course:

          (i)  is not provided as described at the time of purchase;

          (ii)  is cancelled by us and no reasonable substitute is offered; or

          (iii)  cannot be accessed due to a fault in our systems or services that we fail to remedy within a reasonable time.

    (c)  You may cancel your enrolment at least 5 days prior to the commencement date and be entitled to a credit equal to the full value of each course.

    (d)  You will not be entitled to a credit or refund where you:

          (i)  cancel your enrolment or change your mind less than 5 days prior to the course commencement date or after the course has commenced;

          (ii)  fail to access the course due to your own internet connection, device issues, or other external factors outside of our control; or

          (iii)  fail to attend or complete a course for reasons unrelated to our actions.

    (e)  Where you have purchased more than one course and are entitled to a refund in accordance with this clause, the refund value for any single course will be determined by dividing the total amount paid by the number of courses included in the bundle.

    (f)  All approved refunds and credits will be processed within 14 days of confirmation of your eligibility as follows:

          (i)  refunds will only be issued back to the same credit/debit card used for the original purchase; and

          (ii)  credits will be applied to your Platform account for use against future courses or services offered by us or our associated platforms.

    (g)  Stripe’s processing fees may be non-refundable.

7.  Intellectual Property rights

    (a)  You acknowledge that all material on the Platform, including any text, images, video, audio, software, logos, trademarks, and educational materials (Content), is owned by or licensed to Prescribe Connect and is protected by copyright and other intellectual property rights. You must not copy or use any material except as expressly permitted in these Terms.

    (b)  You may not copy, adapt, reproduce, distribute, publicly display, or exploit the Content without our written consent. You may however download, store or print Content for personal, non-commercial use only, provided all copyright and proprietary notices remain intact.

    (c)  We grant you a non-exclusive, non-transferable, revocable licence to access and use the Content solely for your personal, professional education.

    (d)  Prescribe Connect and all associated trademarks of Prescribe Connect, whether registered or unregistered, are trademarks owned by or licensed to Prescribe Connect and its related bodies corporate. Access to or use of our Platform does not constitute or create a licence or any other right to use Prescribe Connect’s name, trademarks, copyright or any other intellectual property, unless otherwise expressly provided for in these Terms.

8.  Social Media

    (a)  Prescribe Connect operates several social media accounts (e.g. LinkedIn, Facebook and Instagram), which may change from time to time. We reserve the right to modify or discontinue any of these accounts at our discretion.

    (b)  You acknowledge that third-party social media platforms may also be governed by their own terms of use and you agree to comply. Prescribe Connect does not necessarily endorse, support, sanction, verify or agree with any comments, opinions, or statements posted by users on any Prescribe Connect social media accounts or on related third-party Platform. Any material or information posted by users (including opinions or advice) is the sole responsibility of the individual who posted it and does not reflect the views of Prescribe Connect.

    (c)  You must not post or upload any content, comment or link to Prescribe Connect’s social media pages or the Platform that breaches these Terms, including but not limited to content that is defamatory, harassing, bullying, indecent, unlawful, or inflammatory.

    (d)  Prescribe Connect may monitor and moderate user-submitted content on Prescribe Connect’s social media pages and may, in its sole discretion, remove any content it considers inappropriate. While we endeavour to review content regularly, there may be times when inappropriate material is visible before it can be removed. Prescribe Connect is not obligated to notify users when content is moderated or removed and may issue warnings, or block or suspend users or their accounts at its discretion.

    (e)  Where you post or submit content to the Platform or Prescribe Connect social media page, you warrant that:

          (i)  you have the right to submit the content, including ownership of copyright;

          (ii)  the content is your original work, and you unconditionally and irrevocably consent to any act or omission that may infringe any moral rights (as defined in the Copyright Act 1968 (Cth));

          (iii)  Prescribe Connect may copy, reproduce, publish, display, modify, or use the content for any purpose (including future promotions or campaigns), at any time, via any media;

          (iv)  any personal information you submit or that appears in the content, may be used by Prescribe Connect for research, campaigns, marketing (including special offers) and to populate relevant databases in accordance with DBG’s Privacy Policy; and

          (v)  you have obtained the consent of any identifiable person appearing in the content for the use of their image, likeness or personal information, and for that content to be used in accordance with these Terms and DBG’s Privacy Policy.

    (f)  Prescribe Connect may interact with users publicly on social media platforms, but these interactions do not constitute a formal endorsement of any views or statements made by third-party users.

9.  Third Party Links

    (a)  The Platform may contain links to websites operated by third parties. Third-party websites do not form part of our Platform and Prescribe Connect does not control, endorse or accept any responsibility for the content or availability of those websites. You access to third-party websites is at your own risk and you should review their terms and privacy policies.

    (b)  The Platform may contain content provided to us by third parties. Representations made in such third-party content are representations by those third parties and not by Prescribe Connect. We do not have a practice of monitoring or making inquiries about such third-party content, and are not responsible for, endorse or make any representations concerning such content. Third-party content does not represent our views and you should always make your own enquiries before relying on it.

10.  Warranties

    (a)  While Prescribe Connect takes reasonable steps to provide accurate and up-to-date information on its Platform, the Platform and its Content are for educational purposes only and do not constitute medical, legal, or professional advice.

    (b)  We make no representations or warranties, express or implied, as to the accuracy, completeness, availability, security, or error-free nature of the Platform or any Content, services, or features provided through them (including, but not limited to, any Content or information generated on our Platform by or on behalf of Prescribe Connect and any third-party content).

    (c)  You acknowledge and agree that:

          (i)  your use of the Platform and all Content is at your own risk and provided on an “as is” and “as available” basis. We accept no liability for any errors, omissions, interruptions, delays, or viruses; and

          (ii)  clinical decisions remain your sole responsibility and must not be based solely on Content from the Platform. We do not guarantee that completion of any course will satisfy specific accreditation, CPD, or certification requirements unless explicitly stated.

          (iii)  by using the Platform, you have exercised your own independent judgment and have not relied on any representation not expressly set out in these Terms.

11.  Limitation of Liability

    (a)  Certain laws provide non-excludable statutory guarantees, conditions or warranties for the supply of certain goods or services. Nothing in these terms and conditions is taken to exclude, restrict or modify any guarantee, condition or warranty that we are prohibited by law from excluding, restricting or modifying. If such a statutory guarantee applies to these terms and conditions and we breach it, we accept liability for such breach. But, where it is lawful, and fair and reasonable to do so, our liability is limited to the resupply of the relevant product or payment of the costs of resupplying the relevant product.

    (b)  To the maximum extent permitted by law:

          (i)  we do not accept liability for any loss whatsoever, including consequential loss suffered by you arising from products/services we have supplied; and

          (ii)  our total liability to you for any claim arising under these Terms will not exceed the total course fees paid by you to us in the 12 months preceding the claim.

12.  Indemnity

    (a)  You agree to indemnify and hold Prescribe Connect and its related entities (and their officers, agents, partners and employees) (collectively, the Indemnified) harmless against all loss, liability, claim or demand (including reasonable attorneys’ fees) arising out of any third-party claim against the Indemnified in connection with:

          (i)  your breach of these Terms;

          (ii)  your violation of any law;

          (iii)  your violation of the rights of a third party; or

          (iv)  any dispute relating to Stripe transactions,

    other than to the extent that such loss, liability, claim or demand was caused by Prescribe Connect’s fraud, gross negligence or wilful default.

    (b)  We will notify you within a reasonable period of any third-party claim giving rise to a claim for indemnification and will take reasonable steps to mitigate any loss or damage. To the extent that we caused or contributed to any loss, your liability will be reduced proportionately.

13.  Disclaimer

    (a)  You acknowledge that Prescribe Connect does not guarantee access to the Platform at any particular time or for any particular duration. We are not liable for any interruptions, downtime or resulting consequences due to the Platform being unavailable.

    (b)  You agree that Prescribe Connect is not responsible for any loss or damage caused by distributed denial-of-service attacks, viruses, or other technologically harmful material that may affect your devices, data, or systems as a result of using the Platform or downloading content from them or any linked Platform.

    (c)  You acknowledge and agree that the Platform may include general information about health, medical conditions and pharmaceuticals. This information is provided for informational purposes only and is not a substitute for professional medical advice, diagnosis or treatment. Always seek guidance from a qualified health professional before acting on any content accessed via the Platform.

14.  Privacy and International Access

    (a)  We take care with any information which you may provide to us when accessing our Platform. Information you transmit to us is entirely at your own risk, although we take reasonable steps to preserve such information in a secure manner.

    (b)  For details regarding how your personal information is collected, used, disclosed and stored, including when you are accessing the Platform from outside Australia, please refer to DBG’s Privacy Policy.

15.  Termination

    (a)  Your right to use and access the Platform commences upon your accessing the Platform and may be terminated without notice by Prescribe Connect if you are in breach of any of these Terms.

    (b)  Upon termination, you must destroy any copies, electronic and printed, of material obtained from the Platform that you have in your possession or under your control or otherwise return or dispose of such material in the manner directed by Prescribe Connect. Termination pursuant to these Terms shall not affect any rights or remedies, which Prescribe Connect may otherwise have under these Terms or at law.

16.  General

    (a)  Failure or neglect by Prescribe Connect to enforce at any time any of the provisions of these Terms shall not be construed or deemed to be a waiver of the rights of Prescribe Connect.

    (b)  If you have any questions, complaints or claims you can contact us at info@prescribeconnect.com.au

    (c)  These Terms shall be governed by and construed according to the laws of the State of Victoria, Australia.