Terms  of Partnership and Terms of Service

Terms of Partnership

Healthcare Assist Pty Ltd Preferred Partner Agreement

1. Agreement

1.1 This Agreement constitutes the agreement between Healthcare Assist Pty Ltd Trading As ‘Healthcare Assist’ ("we," "our," or "us") and you or your business as a Preferred Partner ("user," "you," "yourself" or "your") to the Healthcare Assist discount programme ("Programme"), which is owned and controlled by Healthcare Assist Pty Ltd.

2. Your Responsibilities

2.1 You are a legal health care provider or business that holds the necessary licences and qualifications, and registrations to practice within Australia in the field declared in your registration with Healthcare Assist Pty Ltd. Where applicable you are registered with my fields state/territory board, and not currently under investigation or de-registered. You hold and will continue to hold all necessary and current insurance policies required by law for my business/practice.

2.2 If accepted into the Preferred Partner Programme you agree to adhere to the Healthcare Assist discount schedule shown when providing treatment, services or selling products to Healthcare Assist members (who will be identified by a current and valid Healthcare Assist membership card).

Optical Assist

20%

Dental Assist

15%

Vet Assist

15%

Medical Assist

10%

Pharm Assist

10%

Natural Assist

10%


Excluding the following products across all Healthcare Assist Programmes: Bulk Billed Consultations, Sale Items, Pet Foods and PBS Medicines where the government does not allow discounts.

2.3 You further agree to continue to charge your current, fees for treatment, services or the sale of products to our members. You will then apply a minimum discount for the applicable Healthcare Assist program as stated in clause 2.

2.4 Where providing treatment, services or selling products, you will treat Healthcare Assist members on the same basis as your other patients/customers and explain all costs prior to commencing the treatment, service, or sale of products.

2.5 You acknowledge that your business/practice as a participating Preferred Partner and not Healthcare Assist will supply products, services and treatment to Healthcare Assist members. Accordingly Healthcare Assist Pty Ltd does not give any guarantee, undertaking or warranty concerning the products, services or treatments supplied or the performance of me or my business/practice.  All conditions and warranties, whether express or implied and whether arising under statute or otherwise, as to the condition, suitability, quality, fitness or safety of any goods, services or treatments supplied by you and or your business/practice remains the responsibility of your business/practice to the full extent permitted by law.

3. Confidentiality and Privacy

3.1 You acknowledge that during the course of your membership as a preferred health care partner (‘Preferred Partner’) with Healthcare Assist, you may become acquainted with or have access to confidential information (including but not limited to lists of health care providers), and you agree to maintain the confidence of the confidential information and to prevent its unauthorised disclosure to, or use by any other person, firm or company. You agree that the effect of this clause will survive your membership.

3.1 You agree not to use the confidential information for any purpose other than for the benefit of Us, during or after your membership with Healthcare Assist. Your further agree that you will at all times act in the best interest of Healthcare Assist for the mutual benefit of your business and Healthcare Assist.

3.3 You shall not for whatever reason, either yourself or any other person or company appropriate, copy, memorise or in any manner reproduce or reverse engineer any of the confidential information.

3.4 You agree to return all information/material supplied to you on our request.

4. Your Obligations

4.1 This agreement may proceed indefinitely, but may be terminated by either party upon 4 months written notice given to the other of in the case of default of these terms by us, by immediate notice from you to us.

4.2 You agree to inform Us of any changes in address, telephone numbers, website addresses, wind up or sale of the business or any other variation within 7 business days of the change.

4.3 If you terminate your agreement with Us, you agree to inform Healthcare Assist members prior to attending the practice/business and receiving treatment, services or the purchase of products that the Programme is not longer available at your business, thus giving them the option to proceed or go elsewhere.

4.4 You agree to continue to give discounts to your existing Healthcare Assist customers as per the discount schedule (shown in clause 2) for treatment, services, or sale of products currently in progress.

4.5 You agree to display promotional material supplied by Us in a predominate area and as directed in consultation with Us. Failure to adhere to this clause is considered a violation of this agreement, and may lead to your business/practices expulsion or termination from the Preferred Partner Programme.

4.6 You agree to inform and train your employees and volunteers about this Programme and give them access to all Healthcare Assist information, particularly in regard to the discount schedule in clause 2, subject to the confidentiality as set out in this Agreement.

5. Disclaimer of Warranties & Limitation of Liabilities

5.1 To the extend permitted by law, we will not be liable for any errors, omissions, delays or disruptions in the operation of the Healthcare Assist programme.

5.2 We may suspend or terminate the Healthcare Assist Programme or a Preferred Partners membership in the Healthcare Assist Programme at any time without reason or notice and on terms and conditions as Healthcare Assist in its sole discretion determines. We will not be liable for any loss or damage that may arise from any suspension or termination.

5.3 We may replace or amend these terms and conditions of partnership at any time at its absolute discretion without having to provide any reason. Healthcare Assist will use its best endeavours to notify you of any replacement or amendment but will not be held liable if it does not.

Terms of Service

Healthcare Assist Pty Ltd End User Agreement

1. Agreement and General Terms of Use

1.1 This User Agreement constitutes the agreement between Healthcare Assist Pty Ltd Trading As ‘Healthcare Assist’ and you as a user who accesses or establishes a connection ("user," "you," or "your") to the World Wide Web site known as Preferred Partner Directory ("Site"), which is owned and controlled by Healthcare Assist Pty Ltd.

1.2 You must agree to abide by all of the provisions in this Agreement in order to remain an authorised user of the Site and your use of the Site constitutes your agreement to abide by those provisions. You are solely responsible for your use of the Site and for ensuring that your use complies fully with the provisions of this Agreement.

1.3 Healthcare Assist Pty Ltd reserves the right, in its sole discretion, to change any or all of the provisions of this Agreement at any time. Healthcare Assist Pty Ltd will notify users of any changes by posting them on the Site or through other reasonable means of providing notice. Any changes to this Agreement will be effective immediately upon notice to you. Your use of the Site after notice of changes to this Agreement will be deemed your acceptance of the changes.

1.4 Healthcare Assist Pty Ltd reserves the right, in its sole discretion, to change, limit, or discontinue any aspect, content, or feature of the Site, as well as any aspect pertaining to the use of the Site.

1.5 If you do not agree to the provisions of this agreement or are not satisfied with the site, you’re sole and exclusive remedy is to terminate your partnership agreement and discontinue your use of the site.

2. User Activities and Information on the Site

2.1 You will use the Site and any content, material, or information found on the Site solely for lawful, purposes. You shall not upload to, distribute to, or otherwise disseminate through the Site any material or information of any kind that is libellous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services.

2.2 You warrant that any material or information that you make available through the Site, including, for example, postings to chat areas and forums, is solely your original work, or that you have all necessary rights to make the material or information of any other person or entity available on the Site. You will be solely responsible for the content of any material or information that you make available through the Site. You will also be liable for any damage resulting from making any material or information available through the Site.

2.3 By making any material or information available through the Site, you automatically grant to Healthcare Assist Pty Ltd a worldwide, royalty-free, perpetual, irrevocable, and non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any such material or information (in whole or in part) and/or to incorporate it in other works regardless of form, media, or technology. By making any material or information available through the Site, you also grant to users other than yourself the right and license to access, view, store, or reproduce your material and information for that users personal use.

2.4 Healthcare Assist Pty Ltd has no obligation to, and does not and cannot, review every item of material or information that you and users other than yourself made available through the Site, and Healthcare Assist Pty Ltd is not responsible for any content of this material or information. However, Healthcare Assist Pty Ltd reserves the right to delete, move, or edit any material or information that it deems, in its sole discretion, unacceptable, libellous, defamatory, obscene, pornographic, abusive, or otherwise in violation of any law or that infringes or violates any rights of any other person or entity. Further, Healthcare Assist Pty Ltd reserves the right at all times to disclose any material or information as necessary to satisfy any law, regulation, or governmental request.

2.5 Healthcare Assist Pty Ltd reserves the right to collect, use, and distribute demographic data about you and your use of the Site in forms that do not identify you individually or reveal your identity in accordance with our privacy policy.

3. Rights in Site Content and the Site

3.1 All content provided by Healthcare Assist Pty Ltd on the Site is protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by Healthcare Assist Pty Ltd. The Site is protected by copyright, patent, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by Healthcare Assist Pty Ltd. Healthcare Assist Pty Ltd, are trademarks and, where indicated, registered trademarks of Healthcare Assist Pty Ltd or its subsidiaries. All other trademarks appearing on the Site are the property of their respective owners.

3.2 You will not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. You will download copyrighted content solely for your personal use, but will make no other use of the content without the express written permission of Healthcare Assist Pty Ltd and the copyright owner. You will not make any changes to any content that you are permitted to download under this Agreement, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You agree that you do not acquire any ownership rights in any downloaded content.

3.3 Certain content found on the Site may be subject to additional terms, conditions, and notices as specified in Section 11 below.

4. Disclaimer of Warranties & Limitation of Liability

4.1 You expressly agree that use of the site is at your sole risk. neither Healthcare Assist Pty Ltd, nor any of its affiliates, employees, agents, and third party content providers, or licensors warrant that the site will be uninterrupted or error free. nor do they make any warranty as to the results that may be obtained from the use of the site, or as to the accuracy, reliability, completeness, or contents of any content, information, material, postings, or posting responses found on the site, any merchandise or services provided through the site, or any links to other sites made available on the site.

4.2 The site and all content, material, information, postings, or posting responses found on the site are provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose.

4.3 Under no circumstances, including, but not limited to, negligence, shall Healthcare Assist Pty Ltd (or any of its parents, subsidiaries, affiliates, employees, agents, third party content providers, or licensors, and their respective directors, officers, employees, and agents), be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, any content, information, material, postings, or posting responses on the site or the site itself. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that Healthcare Assist Pty Ltd (and any of its parents, subsidiaries, affiliates, employees, agents, third party content providers, or licensors, and their respective directors, officers, employees, and agents), is not liable for any defamatory, offensive or illegal conduct of any user, including you.

5. Indemnification You agree to defend, indemnify and hold harmless Healthcare Assist Pty Ltd (and any of its parents, subsidiaries, affiliates, employees, agents, third party content providers, or licensors, and their respective directors, officers, employees, and agents) from and against all claims, liability, and expenses, including attorneys fees and legal fees and costs, arising out of your use of the Site or your breach of any provision of this Agreement. Healthcare Assist Pty Ltd reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defence of any claim.

6. Fees and Payments Healthcare Assist Pty Ltd reserves the right, in its sole discretion, at any time to charge fees for access to and use of the Site, or any portions of the Site. If Healthcare Assist Pty Ltd selects to charge fees, it will post notice on the Site of all provisions pertaining to fees and payments.

7. Notices between Us You will contact us by submitting your message via this form. We will contact you by sending electronic mail to the address you provide to us, or by posting a notice on the Site.

8. Termination Healthcare Assist Pty Ltd may terminate this Agreement and your use of the Site at any time. Healthcare Assist Pty Ltd shall have the right immediately to terminate your use of the Site in the event of any conduct by you which Healthcare Assist Pty Ltd, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement.

9. Law Governing Performance and Disputes This Agreement, your performance under it, and any disputes arising under it shall be governed exclusively by the laws of Australia and the State of Victoria, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the Courts of the State of Victoria in any and all actions, disputes, or controversies relating to this Agreement.

10. General Terms This Agreement and any posted rules on the Site established by Healthcare Assist Pty Ltd constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either Healthcare Assist Pty Ltd or you of any breach or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement shall be binding upon and inure to the benefit of Healthcare Assist Pty Ltd and its successors, trustees, and permitted assigns. Healthcare Assist Pty Ltd may assign this Agreement or any of its rights or obligations under this Agreement, with or without notice to you.

11. Uploads  - you must own the copyright to any images, documents or banners You upload to the Site. You must also take all reasonable care that uploaded files are virus and spyware free.

End of Agreement