Terms of Use

Introduction

The terms of use which govern your use of the Zable.com.au platform, including the www.zable.com.au website, mobile site, apps and our other websites (together the “Platform”) are set out below. If you browse or otherwise access any content or information on the Platform, you agree to be bound by these terms of use and our Privacy Policy.

The Platform is provided by Zable Health Pty Ltd (ABN: 26 641 519 904) (“Zable Health”, “we”, “us” and “our”) to users of the Platform (“you” and “your”).

Through the Platform we provide an information and booking service for people who are searching for health professionals and related services online and in specific geographical areas (the “Services”).

The Platform sources information about practices, physicians, doctors, and other health professionals that provide medical and health related services in Australia (“Practices”) and the services offered by those Practices.

These terms of use and our Privacy Policy form the basis on which you may access and use the Platform.

Access to the Platform

We grant you access to the Platform on the basis that you will comply with our terms of use at all times. By using the Platform you are accepting our terms of use, and by accepting our terms of use, we grant you a limited, non-exclusive and revocable licence to access and use the Platform.

Scope of our Service

We display information relating to Practices and medical content on the Platform. We are not a healthcare provider. We help facilitate the connection between patients and Practices. We cannot guarantee that a Practice or health professional selected by you will be available or that the Practice or health professional will make contact with you or that a Practice or health professional will be able to address your medical enquiry or health concern in any way or at all.

Whilst we have taken reasonable steps to ensure accuracy when collecting and maintaining the information about Practices, we are not responsible for errors or lack of completeness of the information in respect of Practices on the Platform. Where notified about an error, we will make updates to that information promptly after making reasonable efforts to contact the relevant Practice. Information relating to a Practice may be edited by us for marketing and other purposes (such as compliance with laws) from time to time.

Information and medical content on the Platform should not be regarded as a substitute for independent professional advice from a qualified healthcare professional. By accessing, viewing or using our Platform you acknowledge that you will not rely on any of its information and medical content but will treat the information and medical content as being of a general nature.

We do not independently verify the information displayed about each Practice and we make no promise about the accuracy of the information displayed or the benefit to be derived from using such information. You need to take this into account when forming your own view on whether to engage the services of a Practice.

We are not responsible for any communication, interaction or relationship between you, a Practice or any other users of the Platform, whether or not it occurs on the Platform or by another means.

Use of the Platform

You permit us to share information you submit to Zable Health (via the Platform, a Zable Health representative, or otherwise) with the Practice you select as part of us providing Services to you, including processing and sharing referral letters. This is to enable you to connect with a Practice and enjoy the benefit of the services available on the Platform. We will ensure that such information is shared in a secure manner wherever possible, in compliance with applicable data protection and privacy laws and regulations. Some Practices do not accept secure methods of communication, and in those circumstances we will use the most secure method available to us to connect you with the Practice. We are not responsible for a security breach caused or contributed to a security by the Practice’s inability to accept or use secure communication methods.

We do not charge you a fee for the use of the services the Platform provides.

You warrant that:

• you are at least 18 years old;
• the details you provide to us about yourself are true, accurate and complete; and
• you will comply with any terms, conditions and policies published by us on the Platform.

You must not:

• impersonate others;
• misrepresent your affiliation with others;
• post reviews or commentary to promulgate deceptive or offensive or extreme opinions or any other illegal, malicious or deceptive activities;
• use any automated device, software or process to access, retrieve, scrape or index our platform or any content on our platform;
• interrupt or attempt to negatively impact, interfere or alter the operation or security of the Platform in any way;
• use the Platform in a way that violates applicable laws, that violates the intellectual property rights or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory;
• licence, sell, rent, lease, transfer, assign or otherwise commercially exploit, or otherwise make the Platform available to any third party; or
• reverse engineer, decompile or disassemble the Platform or use the Platform to develop a solution that is the same or substantially similar to the Platform;
• undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion, to be unreasonable or disproportionate site usage; 
• attempt to gain unauthorised access to any part of the Platform, other accounts, computer systems, or networks connected to the Platform,
• use the Platform to distribute harmful or malicious software, including viruses, worms, or Trojan horses, or introduce any viruses, worms, trojans, or other malicious software or harmful data into the Platform;
• licence, sell, rent, lease, transfer, assign or otherwise commercially exploit, or otherwise make the Platform available to any third party; or modify, reproduce, display, republish, distribute, copy, transmit, perform, licence, create derivative works from, transfer, or sell or resell any information, content, software, or materials made available through the Platform, except as expressly authorised by us.

Consent and Authorisation for Third-Party Information Use

Where you are using the Platform on behalf of someone else such as a child, spouse or other person (a third party user or “TPU”), by accessing and utilising the Platform on behalf of that person you affirm and warrant that you have obtained all necessary consents and authorisations from such TPU to: (i) access and use the Platform; (ii) enter and submit the TPU’s Personal Information to the Platform; and (iii) share that Personal Information with Practices or health professionals as required for the purpose of utilising the Services provided by the Platform. 

You further affirm that you possess the necessary legal authority to grant this consent and authorisation on behalf of the TPU, thereby binding the TPU to these Terms of Use. In instances where the TPU is a minor or is otherwise incapable of entering into a contract, you affirm your authority to agree to compliance with these Terms of Use on their behalf.

You understand and agree that it is your responsibility to ensure the accuracy, completeness, and legality of the Third Party's personal information provided to the Platform and to Practices. You indemnify Zable Health, its affiliates, and our respective officers, directors, employees, and agents against any claims, demands, losses, damages, or expenses (including attorney's fees) arising from your breach of this warranty, your provision of TPU Personal Information, or your failure to obtain the necessary consents and authorisations.

By providing the TPU’s Personal Information to the Platform, you grant Zable Health a perpetual, worldwide, non-exclusive, transferable license to use, reproduce, modify, distribute, display, and process that Personal Information as necessary for the provision of the Services and as described in these Terms of Use and our Privacy Policy. Zable Health commits to securely handle and store the TPU's Personal Information in compliance with applicable data protection laws and best practices. 

You acknowledge that the use of the Platform on behalf of a Third Party is subject to these Terms of Use, and you agree to comply with all applicable laws and regulations regarding the protection and use of Personal Information.

Linking and Third Party Content

The Platform contains content provided to us by third parties and contains links to third party websites. Those third party websites do not form part of the Platform. We are not responsible for, and make no representations, either expressly or impliedly, concerning third party content contained on our platform or any linked third party website, and the conduct and privacy practices of the third parties. Users are encouraged to review the terms and conditions and privacy policies of any third-party websites before using them.

We have no control over or responsibility for anything on those websites, including medical or clinical information.

Any link to another website or information provided on the Platform about that website or services and products they offer, does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products or services which they provide.

Availability

We do not warrant that content, links or functionality on the Platform will be available and accessible to you at all times. We will, to the best of our ability, ensure the Platform is available for access at all times but are not responsible if you are not able to access the Platform as a result of: (i) us undertaking preventative or remedial maintenance, or (ii) as a result of any circumstances beyond our control.

Disclaimers

While we take all due care in providing the Platform, we do not make any representation and do not provide any specific warranty, either express or implied, including without limitation warranties of merchantability or fitness for a particular purpose except as we are required to by the Australian Consumer Law. We make no representation nor warranty, and assume no legal liability or responsibility, that the information and content on the Platform is accurate, complete, up-to-date or appropriate. Content contained on the Platform is not intended to be used to diagnose, treat, cure or prevent any medical condition, disease or therapeutic need.

We take reasonable steps to ensure that the Platform is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your device which arises in connection with your use of the Platform or any linked websites.

You acknowledge and agree that Zable Health disclaims all and any guarantees, undertakings and warranties, expressed or implied, in the provision of the Services by any Practice or practitioner and is not liable for any loss or damage whatsoever (including personal injury or property damage caused by act, omission, negligence or otherwise, arising in any direct, incidental or consequential loss or damage) that arising out of, or in connection with the Services, or the use of the Platform to the fullest extent permitted by law.

Where we cannot exclude such liability under the Competition and Consumer Act 2010 (Cth), our liability to you will be limited to: (i) if the breach relates to goods, the replacement or repair the goods or (ii) if the breach relates to services, the supply of those services or the payment of the cost of those services supplied again. 

You hereby release, discharge and hold harmless Zable Health from all actions, proceedings, claims or liabilities brought against or made upon Zable Health by you arising directly or indirectly with the provision of the Services or use of the Platform whether in contract, tort (including negligence), breach of statutory duty or otherwise, on the part of Zable Health. For the avoidance of doubt, this release extends to all directors, officers, employees, contractors, agents, representatives, licensees or permitted assigns of Zable Health.

Liability and Indemnity

We exclude liability for any of these things incurred (directly or indirectly) by you: loss of revenue, loss of earnings, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, Consequential Loss or special loss, cost, damage or expense of whatever nature (whether direct, indirect, incidental, consequential or otherwise).

You acknowledge that the use of the Platform is entirely at your own risk. You specifically assume the risk of injury or harm arising from use of the Platform.

We do not exclude or restrict our liability for any matter which it would be unlawful for us to exclude or attempt to exclude our liability.

We are not responsible for:

• any injury (whether physical or mental), loss or damage incurred, directly or indirectly, that occurs from use of, or reliance on, the information and content on the Platform whether arising from negligence or otherwise; or
• any loss of property that occurs while you are using the Platform.

To the fullest extent permitted by the law, our liability to you for any cause of action whatsoever and regardless of the form of the action, will at all times be limited to the greater of the fees paid by you for your use of the Platform over the 12 months immediately preceding the event giving rise to the claim, or, AUD$100.

We accept no liability for any loss caused in whole, or in part, by your misuse of the Platform.

You indemnify us against claims, actions, proceedings, losses, damages, expenses and costs asserted in respect of or awarded against us, in respect of your use of the Platform, either for your own purposes or the purposes of a TPU, or the act or omission of a Practice.

For the purposes of this section “Consequential Loss” means loss of revenue, loss of earnings, loss of anticipated savings or business, pure economic loss, loss of data, loss of value of equipment (other than the cost of repair), loss of opportunity or expectation loss and any other form of consequential, special, indirect, punitive or exemplary loss or damages.

Data Security

The security of the Platform and protecting the privacy of our users is very important to us. You must not do anything to prejudice the security or privacy of the Platform and the information contained on and within the Platform.

When you visit and use the Platform, we may collect information about you, in addition to information you input into the Platform such as information required to request a booking with a Practice, via tracking technologies such as cookies and other web analytics tools, that does not personally identify you (“Data”) relating to your activities on the Platform.

You grant to us a perpetual, worldwide, non-exclusive, transferable licence to enable us to use the Data to provide the Platform to you and other users, improve the Platform functions, share the Data with third-parties and for our own records.

We may make the Data available, in compliance with all applicable laws and regulations, to other companies, organisations or individuals to use on a de-identifiable basis. No compensation will be paid to you with respect to the Data.

Platform Security

All data transmissions between the Platform and your device will be encrypted using industry-standard encryption protocols. We employ robust security measures, including firewalls, and regular security audits, to safeguard your Personal Information entered into the Platform.

Multi-Factor Authentication (MFA):  you are encouraged to use multi-factor MFA where available on your device and any other accounts you use (including with any Practice you choose to engage with) to provide an additional layer of protection against unauthorised access.

Platform User Responsibilities

Device Security:  ensure that your device is secure and protected against malware and unauthorised access. Regularly update your operating system and software to the latest versions.

Regular Security Updates:  we are committed to continually monitoring our systems for signs of unauthorised access or other security threats. We will implement necessary updates and patches promptly to address any vulnerabilities.

Data Breach and Security Incident Response Procedure

If you suspect any misuse or loss of, or unauthorised access to your account or Personal Information, you must notify us immediately by emailing us at security@zable.com.au.

In the event of a data breach or security incident ("Incident"), Zable Health is committed to responding promptly and effectively to minimise the impact on the Platform, its users, and any affected third parties. The following procedure outlines the steps Zable Health will take in the event of an Incident:

Incident Detection and Reporting:  any suspicion or detection of an Incident must be immediately reported to the Zable Health Data Security Team via security@zable.com.au.

Initial Assessment and Classification: upon notification of an Incident, the Zable Health Data Security Team will conduct an initial assessment to confirm the occurrence of the Incident and classify its severity based on the type of data involved, the extent of the breach, and the potential impact on users and operations.

Containment and Mitigation:  once the Incident is confirmed and classified, immediate action will be taken to contain the breach and mitigate its effects. This may involve temporarily suspending access to certain areas of the Platform, revoking compromised credentials, and implementing additional security measures to prevent further unauthorised access.

Investigation: a thorough investigation will be conducted to determine the cause and scope of the Incident. This will involve a detailed examination of how the breach occurred, the data and users affected, and any weaknesses in our systems or protocols that were exploited.

Notification: in accordance with applicable laws and regulations, Zable Health will notify affected users, regulatory authorities, and other relevant parties about the Incident in a timely manner. The notification will include details about the nature of the breach, the data involved, the steps taken to address the breach, and advice on how users can protect themselves from potential harm.

Remediation: based on the findings of the investigation, Zable Health will take appropriate steps to remediate any identified vulnerabilities in our systems or processes to prevent similar Incidents in the future. This may include updating security protocols, enhancing user authentication processes, and conducting additional staff training on data protection and security.

Review and Documentation:  after the Incident has been resolved, a comprehensive review will be conducted to assess the effectiveness of the response and identify lessons learned. A report documenting the Incident, the response actions taken, and the outcomes of the review process will be prepared and stored securely for future reference and compliance purposes.

Ongoing Monitoring and Improvement: Zable Health is committed to continually monitoring our systems for signs of unauthorised access or other security threats and improving our data protection and security practices based on the evolving threat landscape and the insights gained from Incidents.

Acceptable Use Policy

You may not use, or facilitate or allow others to use, the Services or the Platform:

• for any illegal or fraudulent activity;
• to violate the rights of others;
• to threaten, incite, promote, or actively encourage violence, terrorism, or other serious harm;
• for any content or activity that promotes child sexual exploitation or abuse;
• to violate the security, integrity, or availability of any user, network, computer or communications system, software application, or network or computing device; or
• to distribute, publish, send, or facilitate the sending of unsolicited mass email or other messages, promotions, advertising, or solicitations (or “spam”).

We may investigate any suspected violation of this acceptable use policy, and remove or disable access to any content or resource that violates this policy. You agree to cooperate with us to remedy any violation.

When determining whether there has been a violation of this policy, we may consider your ability and willingness to comply with this policy.

Privacy

By using the Platform, you acknowledge and agree that:

• you provide us with certain information about yourself (including information about your health). To the extent that this information is Personal Information (as defined in the Privacy Act 1988 (Cth)) we will handle and store this information in accordance with our Privacy Policy, as amended from time to time. By providing any Personal Information to us via the Platform, you agree to us handling that Personal Information as described in our Privacy Policy;
• we may share your Personal Information with any Practice or health professional authorised by you, or with whom you request a booking, or otherwise communicate, with via the Platform;
• the Practice you request a booking with, or otherwise communicate with, via the Platform may have its own policy governing access to this information, and our Privacy Policy does not apply to that Practice, and we make no representations in relation to, how the Practice or health professional handles your Personal Information, and you should direct any such enquiries to them directly;
• any consent given by you through the platform relating to your Personal Information is valid and binding unless and until revoked by you, and a Practice or health professional may rely on a consent given through the Platform without any need to further verify that consent;
• we may contact you by telephone, send you email, text messages and push notifications or alerts, on behalf of us or a Practice, for the purposes of confirming your booking, providing appointment reminders, gaining feedback and related matters.

By using the Platform, you acknowledge and hereby grant express consent to Zable Health, its associated Practices, and any third-party entities supporting these Practices, to initiate and maintain contact with you, until that consent is expressly withdrawn by you by notifying us via the email address in our Privacy Policy. This contact is permitted via the communication details provided by you on the Platform — including, but not limited to, telephone numbers, email addresses, physical addresses, and any other contact mechanisms voluntarily supplied by you. 

The scope of this consent encompasses contact for purposes directly related to the expression of interest by the user in the services of a Practices, including but not limited to:

• providing information about the Practices’s services;
• scheduling, rescheduling, or cancelling appointments;
• sending reminders for upcoming appointments;
• delivering updates on services or changes to Practices availability;
• offering relevant health information or services tailored to the user's expressed interests; and
• engaging in follow-up communications to assess satisfaction or gather feedback regarding services received.

You acknowledge that this consent is a crucial aspect of the functionality of the Platform, facilitating a seamless connection between users and Practices or their supporting entities. This consent remains effective until such time as the user explicitly revokes it through the designated channels provided by Zable Health.

Zable Health is committed to respecting the privacy and preferences of its users. As such, all communications will be conducted in strict adherence to our Privacy Policy and applicable laws governing data protection and privacy.  You acknowledge that the Practices that you engage with may have their own manner and methods of communications that they may contact you with and Zable is not liable for the content or method of a Practices, or other third party, communications.  

The internet is an insecure public network and transmissions may be viewed, intercepted or interfered with by third parties. Despite this, we are committed to doing all things reasonably within our control to ensure the security of your Personal Information. This includes ensuring that the transmission of Personal Information occurs according to accepted industry standards. However, you acknowledge that the internet is not a fully secure environment and there may be risks associated with the transmission of your Personal Information. In the event of misuse or loss of, or unauthorised access to, your Personal Information that is not within our control, we will not be held responsible, to the extent permitted by law.

If you provide Personal Information or other information about someone other than yourself to the platform, you warrant that you have that person’s consent to you providing that information (including the Personal Information) to us for the purpose specified.

You should only submit Personal Information on the platform that you are comfortable sharing with others in accordance with these terms of use and our Privacy Policy. If you provide Personal Information to us via the internet, you do so accepting the risk. If you suspect any misuse or loss of, or unauthorised access to or disclosure of, Personal Information in connection with the platform, you must let us know immediately by emailing us at the address contained in our Privacy Policy.

Detail on Data Collection and Usage:

If you enter your Personal Information into the Platform to request a booking with a Practice, then the Platform will collect that data and it will be securely stored in our database. Our storage and use of that Personal Information will be governed by our Privacy Policy and these Terms of Use. 

Data Minimisation

The Platform commits to the principle of data minimisation, ensuring that we collect only the data that is necessary to fulfill the specified purposes for which the data is processed. We will not collect data beyond what is required to provide our services effectively and enhance user experience. We will also review and remove data from our systems where we no longer require it in accordance with our Privacy Policy.

Our Intellectual Property

Copyright in all content contained on Platform is protected by the Copyright Act 1968 (Cth) and unless otherwise stated is owned by us or used by us under licence. The compilation of all such content is the exclusive property of Zable Health Pty Ltd and is protected by copyright law.

Notwithstanding any other provision in these terms of use, we expressly retain ownership of all rights, title, and interest, including all intellectual property rights, in any data contained within any underlying databases of the Platform. This includes, but is not limited to, the compilation, organisation, and presentation of data, as well as any and all information generated, collected, or processed by the Platform. Users acknowledge and agree that such data and databases constitute valuable proprietary information of Zable, and no proprietary rights in or to such data or databases are transferred to users under these terms of use.  

“Zable”, “Zable Health” and all related graphics, photographs, images, logos and product and service names are trademarks (including unregistered trademarks) and the exclusive property of Zable Health. These trademarks, logos and other proprietary graphics may not be used in connection with any other product or service without our express written consent.  Unauthorised use of these elements is strictly prohibited and may result in legal action.

You acknowledge that any intellectual property rights (including graphics, logos, design, or icons) relating to or appearing on the Platform remain the property of us and/or our licensors.

Termination

We reserve the right to suspend or terminate your right to use the Platform if, at any time, you breach these Terms of Use.  

You may stop using the website and the Platform at any time. If you have requested Services via the Platform and wish to terminate your use prior to the completion of any request, please contact us via the email address in our Privacy Policy and we will make reasonable efforts to assist you to cancel any requests made through the Platform. Zable Health reserves the right to retain any data or information you have provided on your Platform account to the extent necessary to comply with applicable laws and regulations. Such retention of data will be conducted in accordance with the Privacy Policy, as amended from time to time, to ensure compliance with legal obligations.

Monitoring use of the Platform

We reserve the right to monitor your use of the Platform, through cookies and other means, for the purpose of:

• enabling us to understand the way users navigate the Platform and use the services available on it
• improve the experience of users using the Platform
• ensuring that the Platform is functioning as intended
• ensuring that users are complying with these Terms of Use and
• to detect any potential cybersecurity threats or vulnerabilities.

Feedback

We may contact you, by email or phone number if provided by you, to obtain your feedback on your experience using the Platform or a Practice.

If you wish to make any comments about the Platform or your experience with a Practice, we encourage you to provide us feedback by contacting us by email at accounts@zable.com.au.

Any feedback, comments, ideas, improvements, or suggestions (collectively, "Feedback") provided by you to Zable Health with respect to the Platform and the Services becomes the sole and exclusive property of Zable Health. By submitting Feedback, you irrevocably assign to Zable Health all of your right, title, and interest in and to your Feedback, including any intellectual property rights therein. Zable Health shall be entitled to the unrestricted use and dissemination of this Feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive any moral rights you may have in such Feedback and agree that you have no recourse against Zable Health for any alleged or actual infringement or misappropriation of any proprietary rights in your Feedback.

Updates to the Terms of Use

We may modify these Terms of Use periodically by posting updated terms or conditions on our website. The Terms of Use that apply to your use of the Platform, including any appointments you make with a Provider, are the Terms of Use in effect at the time of your use of the Platform or registration for an appointment with a Provider. By accessing or using the Platform after we have posted any such changes, you accept the amended Terms of Use. If you do not agree to the updated terms of use, you must cease using the Platform.

Notices

Any notice we send to you will be emailed to the email address that you provide to us if you create an account on the Platform.

General

If any provision in these terms of use or our Privacy Policy is invalid under any law, the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms of use or our Privacy Policy and the remaining provisions will remain in full force and effect.

These terms of use are to be governed by and construed in accordance with the laws of New South Wales and any claim made which in any way arises out of these terms of use will be heard in New South Wales. By using the Platform, you agree irrevocably and unconditionally to submit to the jurisdiction of the courts in New South Wales.

The Terms of Use was last updated 27/06/2024.