Terms and Conditions
Welcome to our website. This websites of dr-rusty.com is created, owned and controlled by Clinica Technologies Pty Ltd (ABN 52 661 295 361) and all associated social media channels (tiktok.com/@dr.rusty7, instagram.com/dr.rusty7)
Clinica Technologies Ltd provides administrative and management services to the medical practitioners who provide online medical and healthcare services to users. All information and services of Clinica Technologies Pty Ltd and all websites and social media are intended for users residing in Australia.
If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy, govern Clinica Technologies Ltd’s relationship with you in relation to our website.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Clinica Technologies Ltd and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
1.1 We reserve the right to change, modify, add or remove portions of these terms at any time. Please regularly check these terms prior to using our website to ensure you are aware of any changes. We will aim to highlight any significant or substantive changes to you when possible. If you choose to use our website, then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Clinica Technologies Ltd’s rights and obligations to each other.
2.1 Clinica Technologies Ltd is not a healthcare provider and is not liable in any respect for your care or for advice provided to you by a partner practitioner. To the extent permitted by law, Clinica Technologies Ltd is not liable for any loss or damage, howsoever caused, which may result from your use of or failure to access the Website, the content contained on our website or due to the fact that website content is wrong, incomplete or out of date. Clinica Technologies Ltd does not accept any responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of our website for any reason whatsoever.
2.2 Clinica Technologies Ltd and all of its Information on websites, social media, applications are for general educational and self-organizational purposes. None of the information should be considered or used as medical advice or recommendation to any person.
2.5 Clinica Technologies Ltd disclaims any liability arising from the actions of partner practitioners or partner providers. The liability for the actions of partner practitioners or partner providers, including advice provided and prescriptions ordered, prepared and filled through our website, rests solely with those third parties providers.
2.6 All health related queries should be directed to partner practitioners and partner providers and not to Clinica Technologies Ltd. Their contact details will be provided to you by contacting [email protected]
3.1 For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Clinica Technologies Ltd’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
4.1 Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 to 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly as we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of Clinica Technologies Ltd.
4.3 Clinica Technologies Ltd handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
4.4 Should you wish to return your order, please notify us within 30 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the purchased goods. Unopened goods will be refunded in full. Refunds will be processed promptly and will reflect on the original payment method. All refunds are made at the discretion of Clinica Technologies Ltd.
4.5 Under the cases of permanent account deletion requested and confirmed by the Clinica Technologies Ltd user, no refunds will be issued for the remaining duration of their fully paid subscription.
5.1 Clinica Technologies Ltd may from time to time provide on its website, links to other websites, advertisements, and information on those websites for your convenience. This does not imply sponsorship, endorsement, nor approval or arrangement between Clinica Technologies Ltd and the owners of those websites. Clinica Technologies Ltd takes no responsibility for any of the content found on the linked websites.
5.2 Clinica Technologies Ltd’s website may contain information or advertisements provided by third parties for which Clinica Technologies Ltd accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are only making a ‘recommendation’ and not providing any advice, nor do we take any responsibility for any advice received in this regard.
6.1 To the fullest extent permitted by law, Clinica Technologies Ltd absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Clinica Technologies Ltd gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
6.3 Clinica Technologies Ltd and all of its Information on websites, social media, applications are for general educational and self-organizational purposes. None of the information should be considered or used as medical advice or recommendation to any person. All information provided on the Clinica Technologies Ltd is general in nature and does not constitute medical or any other form of advice and is provided ‘as is’ without warranty of any kind, express or implied, to the fullest extent possible under law.
6.4 It is your sole responsibility, not the responsibility of Clinica Technologies Ltd, to bear any and all costs of servicing, repairs or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you, but you must ensure that you are aware of any risks by using this website or any products or services that may be offered through it. It is your responsibility to do so.
6.5 Clinica Technologies Ltd does not itself provide any medical or health service but merely provides the platform which enables you to access health services from a third party health care provider (‘Practitioner’). Clinica Technologies Ltd takes no responsibility and makes no warranties, express or implied, in relation to the content of any consultation between you and a partner. You and your partner practitioner or partner provider are responsible for the conduct of each consultation and all information or communications made.
6.6 Partners have the same obligations to you as if they were consulting you in person, and may ask to follow-up with you by telephone or in person if they believe this is clinically necessary. Partners will make notes of each consultation with you and it is their responsibility, where applicable, to hold and maintain your records as required by law. Clinica Technologies Ltd may from time to time hold copies of notes made by your partner and will maintain their security in accordance with our Privacy Policy.
6.7 Clinica Technologies Ltd does not guarantee that a consultation with a Partner is suitable for you. Clinica Technologies Ltd does not guarantee that a telehealth consultation is the appropriate course of treatment for your particular health care problem. The partner practitioner has the sole discretion to decide whether or not a telehealth consultation is appropriate, whether or not to provide any particular service, and to determine the health services required.
7.1 At Clinica Technologies Ltd, we are committed to protecting your privacy. We use collected information about you to maximize our available services. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.
7.2 You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. Clinica Technologies Ltd’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
9.1 Clinica Technologies Ltd may be required, in certain circumstances, to disclose information in good faith and when Clinica Technologies Ltd is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
10.1 If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Clinica Technologies Ltd. Clinica Technologies Ltd expressly excludes and does not permit you to use or access our website to download any documents or information from its website or obtain any documents or information through a third party. If you breach this term, then Clinica Technologies Ltd will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you may make from such unauthorized and improper use. Clinica Technologies Ltd reserves the right to exclude and deny access to our website, services or information at our sole discretion, to any person.
11.2 Clinica Technologies Ltd expressly reserves all copyright and trademark in all documents, information and materials on our website, and we reserve the right to take action against you if you breach any of these terms.
12.1 These terms and conditions represent the whole agreement between you and Clinica Technologies Ltd, concerning your use and access to Clinica Technologies Ltd’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms, except those implied by statute and which cannot be expressly excluded, are hereby expressly excluded.
14.1 By providing content or posting directly on Clinica Technologies Ltd, you represent that you have the title and right to this information and content. You own it and have the right to present and publish it. You also represent that you are not breaching any regulations, restrictions or third-party rights.
14.2 If we have reasonable grounds to suspect the information you provide in any profile or on our site is untrue, inaccurate or incomplete, or that you have breached any terms and conditions on Clinica Technologies Ltd, or for any other reason including if, in our opinion, you have breached the purpose of our website, at our sole discretion, we have the right to immediately withdraw the content and terminate your account. We may also deny the use of our website to you in the future and are not obligated to return any subscription or registration monies.
14.3 You agree to defend, indemnify and hold Clinica Technologies Ltd, its officers, directors, members and agents harmless from and against any and all claims, charges, actions, liabilities, investigations, demands and similar, including but not limited to any costs, losses, damages whether direct, indirect, consequential or special and all legal fees resulting from your breach of our terms and conditions, content you may provide to our website, and any activity you may engage in, through our website or use of our website.
15.1 By using our website, you acknowledge that our advertisers are third-party advertisers and we do not have any connection with them. We do not recommend, endorse or promote them, nor do they have any affiliation with Clinica Technologies Ltd. Clinica Technologies Ltd is merely a passive conduit as provider for the advertising service and does not have any association beyond this.
15.2 Clinica Technologies Ltd does not make any representation to the accuracy or suitability of any of the information contained in those advertisements or sites and does not accept any responsibility or liability for the conduct or content of those advertisements and sites and the offerings made by these third parties. Whilst we take reasonable care to monitor our website, we do not undertake any liability or obligation with regard to their content and you therefore use those websites and services at your own risk.
15.3 Clinica Technologies Ltd is not responsible for any loss, damage or issues you may have with the advertiser and cannot be held responsible for any direct or indirect loss you may suffer as a result of using their products or services. We also cannot confirm that the information on any of the third-party advertising sites is accurate or up-to-date.
15.4 This agreement and this website are subject to the laws of Victoria and Australia. If there is a dispute between you and Clinica Technologies Ltd that results in litigation, then you must submit to the jurisdiction of the courts of Victoria.
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