{"id":3001,"date":"2020-10-27T06:43:43","date_gmt":"2020-10-26T19:43:43","guid":{"rendered":"https:\/\/www.novarihealth.com.au\/?page_id=3001"},"modified":"2020-10-27T06:45:24","modified_gmt":"2020-10-26T19:45:24","slug":"termsprovideraunz","status":"publish","type":"page","link":"https:\/\/www.novarihealth.com.au\/termsprovideraunz\/","title":{"rendered":"Terms & Conditions of Use – Providers"},"content":{"rendered":"

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NOVARI\u00a0<\/span><\/b>eVisit\u2122<\/span><\/i>\u00a0<\/span><\/b>\u2013 NOVARI HEALTH PTY LTD<\/span><\/b>\u00a0<\/span><\/p>\n

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TERMS AND CONDITIONS OF USE<\/span><\/b>\u00a0\u2013 PROVIDERS<\/span><\/b>\u00a0<\/span><\/p>\n

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T<\/span><\/b>ERMS AND CONDITIONS OF USE<\/span><\/b>\u00a0<\/span><\/p>\n

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1. About the <\/span><\/b>Platform<\/span><\/b>\u00a0<\/span><\/p>\n

1.1 Welcome to<\/span>\u00a0<\/span>Novari\u00a0<\/span>eVisit\u2122<\/span><\/i>.<\/span>\u00a0Novari\u00a0<\/span>eVisit\u2122<\/span><\/i>\u00a0<\/span>is a virtual care application\u00a0<\/span>(the \u201c<\/span>Platform<\/span><\/b>\u201d) that\u00a0<\/span>facilitates connecting patients with health providers for the provision of healthcare services by providing:\u00a0<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(a) online appointment services;<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(b) online forms for patients to complete;<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(c) online marketing services;<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(d) a <\/span>cloud-based<\/span>\u00a0payment gateway; and<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(e)\u00a0 the ability to have direct access to your patients and other practices to relay information<\/span>\u00a0<\/span>(the \u201c<\/span>Services<\/span><\/b>\u201d)<\/span>.<\/span>\u00a0<\/span>\u00a0<\/span><\/p>\n

1.2 The <\/span>Platform<\/span>\u00a0<\/span>is<\/span>\u00a0operated by\u00a0<\/span>Novari<\/span>\u00a0Health<\/span>\u00a0Pty Ltd\u00a0<\/span>(ACN 614 187 521)\u00a0<\/span>t<\/span>rading\u00a0<\/span>as\u00a0<\/span>Novari\u00a0<\/span>eVisit\u2122<\/span><\/i>\u00a0<\/span>(\u201c<\/span>Novari\u00a0<\/span><\/b>eVisit<\/span><\/i><\/b>\u2122<\/span><\/i>\u201d).\u00a0<\/span>Access to and use of the\u00a0<\/span>Platform<\/span>,\u00a0<\/span>or any of its associated products<\/span>\u00a0or services<\/span>, is provided by\u00a0<\/span>Novari\u00a0<\/span>eVisit<\/span><\/i>\u2122<\/span><\/i>. Please read\u00a0<\/span>these terms and conditions (the \u201c<\/span>Terms<\/span><\/b>\u201d)\u00a0<\/span>carefully.\u00a0<\/span>By\u00a0<\/span>using,\u00a0<\/span>browsing<\/span>\u00a0and\/or\u00a0<\/span>reading<\/span>\u00a0<\/span>the\u00a0<\/span>Platform<\/span>, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of\u00a0<\/span>the<\/span>\u00a0<\/span>Platform<\/span>, or any of\u00a0<\/span>its products or services<\/span>,<\/span>\u00a0immediately<\/span>.<\/span>\u00a0<\/span><\/p>\n

1.3 Novari <\/span>eVisit<\/span><\/i>\u2122<\/span><\/i>\u00a0<\/span>reserves the right to review and change any of the Terms by updating this page at its sole discretion.\u00a0<\/span>When\u00a0<\/span>Novari\u00a0<\/span>eVisi<\/span><\/i>t\u2122<\/span><\/i>\u00a0<\/span>updates the Terms, it will use reasonable endeavours to provide you with\u00a0<\/span>14<\/span>\u00a0days\u2019\u00a0<\/span>notice of same<\/span>. Any\u00a0<\/span>changes to the Terms take<\/span>\u00a0immediate effect from the date of their publication<\/span>.<\/span>\u00a0<\/span>I<\/span>t is recommended that you check the Terms available on the\u00a0<\/span>Platform<\/span>\u00a0from time to time and make a copy for your records.<\/span>\u00a0<\/span><\/p>\n

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2. Acceptance of the Terms<\/span><\/b>\u00a0<\/span><\/p>\n

2.1 You accept the Terms <\/span>by\u00a0<\/span>registering\u00a0<\/span>for the Services and\/or\u00a0<\/span>making any payment as required under the Terms<\/span>. You may also accept the Terms by clicking to accept or agree to the Terms\u00a0<\/span>where and if<\/span>\u00a0this option is made availab<\/span>le to you in the user interface<\/span>\u00a0(for the avoidance of doubt the<\/span>\u00a0<\/span>T<\/span>erms are agreed by you regardless of whether the aforementioned option is available or not)<\/span>\u00a0or by\u00a0<\/span>completing and digitally submitting the Subscription Registration form\u00a0<\/span>\u00a0<\/span>provided to you by\u00a0<\/span>Novari\u00a0<\/span>eVisit\u2122<\/span><\/i>.<\/span>\u00a0<\/span><\/p>\n

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3. Subscription to use t<\/span><\/b>he S<\/span><\/b>ervices<\/span><\/b>\u00a0<\/span><\/p>\n

3.1 In order to access the Services, you must first purchase a subscription <\/span>to use the Platform<\/span>\u00a0(the \u201c<\/span>Subscription<\/span><\/b>\u201d)<\/span>\u00a0<\/span>and\u00a0<\/span>agree to pay the ongoing monthly fee for the same<\/span>\u00a0(the \u201c<\/span>Subscription Fee<\/span><\/b>\u201d)<\/span>.<\/span>\u00a0Further you agree that Novari\u00a0<\/span>eVisit\u2122\u00a0<\/span><\/i>may change these fees at any time at their sole discretion upon giving not less than\u00a0<\/span>30\u00a0<\/span>days\u2019 notice<\/span>. Notice may be given by email<\/span>\u00a0or digital correspondence including\u00a0<\/span>notifications\u00a0<\/span>through the Platform.<\/span>\u00a0<\/span><\/p>\n

3.2 In purchasing the Subscription, <\/span>you will be required to identify which of the Services you require<\/span>\u00a0and<\/span>\u00a0<\/span>you acknowledge and agree that it is your responsibility to ensure that the\u00a0<\/span>Services you elect to purchase as part of the\u00a0<\/span>Subscription\u00a0<\/span>are<\/span>\u00a0suitable for your use.<\/span>\u00a0<\/span><\/p>\n

3.3 Once you have purchased <\/span>the<\/span>\u00a0Subscription, you will then be required to register for an account through the\u00a0<\/span>Platform<\/span>\u00a0<\/span>before you can access the Services\u00a0<\/span>(the \u201c<\/span>Account<\/span><\/b>\u201d).<\/span>\u00a0<\/span><\/p>\n

3.4 As part of the registration process, or as part of your continued use of the Service<\/span>s<\/span>, you may be required to provide personal information about yourself (such as identification or contact details), including:<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(a) an email address and\/or preferred username;<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(b) a mailing address;<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(c) a telephone number<\/span>;<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(d) credit card details; and<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(e) a password.<\/span>\u00a0<\/span><\/p>\n

3.5 You warrant that any information you give to <\/span>Novari\u00a0<\/span>eVisit\u2122\u00a0<\/span><\/i>in the course of<\/span>\u00a0completing the registration process will be accurate, correct and up to date.<\/span>\u00a0<\/span><\/p>\n

3.6 Once you have com<\/span>pleted the registration process\u00a0<\/span>you will\u00a0<\/span>hold<\/span>\u00a0a registered\u00a0<\/span>healthcare provider\u00a0<\/span>account (\u201c<\/span>Provider Account<\/span><\/b>\u201d)\u00a0<\/span>on<\/span>\u00a0the\u00a0<\/span>Platform<\/span>\u00a0as a healthcare provider<\/span>\u00a0(\u201c<\/span>Healthcare Provider<\/span><\/b>\u201d)<\/span>\u00a0<\/span><\/b>and\u00a0<\/span>you\u00a0<\/span>agree to be bound by the<\/span>\u00a0<\/span>Terms.\u00a0<\/span>As a\u00a0<\/span>Healthcare Provider<\/span>,<\/span>\u00a0you<\/span>\u00a0will be granted\u00a0<\/span>immediate\u00a0<\/span>access to the Services<\/span>\u00a0from the time you have completed the registration process<\/span>\u00a0until the subscription period expires (the \u201c<\/span>Subscription Period<\/span><\/b>\u201d).<\/span>\u00a0<\/span><\/p>\n

3.7 Novari <\/span>eVisit\u2122\u00a0<\/span><\/i>may, at its sole discretion, elect to offer you a free trial period of the Services.\u00a0<\/span>Novari\u00a0<\/span>eVisit\u2122\u00a0<\/span><\/i>will only provide you with such a trial period\u00a0<\/span>where<\/span>\u00a0<\/span>this has been offered\u00a0<\/span>by\u00a0<\/span>Novari\u00a0<\/span>eVisit\u2122\u00a0<\/span><\/i>in writing to you<\/span>.<\/span>\u00a0<\/span><\/p>\n

3.8 You may not use the <\/span>S<\/span>ervices and may not accept the Terms if:<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(a) you are not of legal age to form a binding contract with <\/span>Novari\u00a0<\/span>eVisit\u2122<\/span><\/i>;\u00a0<\/span>or<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(b) you are a person barred from receiving the <\/span>S<\/span>ervices under the laws of Australia or other countries including the country in which you are resident or from which you use the <\/span>S<\/span>ervices<\/span>.<\/span>\u00a0<\/span><\/p>\n

3.9 Subject to clause 3.7, <\/span>a<\/span>ll new Subscriptions include a period of\u00a0<\/span>90<\/span>\u00a0<\/span>days from the commencement of the Subscription for which no fees will be charged (the \u201c<\/span>Free Trial Period<\/span><\/b>\u201d), all other terms and condition<\/span>s<\/span>\u00a0will continue to be applicable during the Free Trial Period.<\/span>\u00a0<\/span><\/p>\n

3.10 You may cancel your subscription at any time<\/span>. On c<\/span>ancellation<\/span>,<\/span>\u00a0your Subscription will terminate at the end of the then current billing cycle and will not renew.<\/span>\u00a0<\/span><\/p>\n

3.11 Novari <\/span>eVisit\u2122\u00a0<\/span><\/i>has the right to terminate your Subscription<\/span>\u00a0on 14\u00a0<\/span>days\u2019 notice<\/span>\u00a0or<\/span>, immediately and without notice if:<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(a) any payment that is due to Novari <\/span>eVisit\u2122\u00a0<\/span><\/i>has not been made on the date which that payment was due;<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(b) you have failed, or Novari <\/span>eVisit\u2122\u00a0<\/span><\/i>has<\/span>\u00a0a reasonable belief that you have failed<\/span>,<\/span>\u00a0to comply with these Terms or any other terms and conditions pertaining to\u00a0<\/span>Novari\u00a0<\/span>eVisit\u2122<\/span><\/i>; or<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(c) Novari <\/span>eVisit\u2122\u00a0<\/span><\/i>ceases to exist for any reason whatsoever<\/span>\u00a0or has made the decision that\u00a0<\/span>it<\/span>\u00a0i<\/span>s<\/span>\u00a0no longer commercially viable to offer the Services in your location<\/span>.<\/span>\u00a0<\/span><\/p>\n

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4. Your o<\/span><\/b>bligations<\/span><\/b>\u00a0as a\u00a0<\/span><\/b>Healthcare Provider<\/span><\/b>\u00a0<\/span><\/p>\n

4.1 As a <\/span>Healthcare Provider<\/span>, you agree:<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(a) that <\/span>you will\u00a0<\/span>use the\u00a0<\/span>S<\/span>ervices only for purposes that are permitted by<\/span>:<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0 \u00a0 (i) the Terms; and <\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0 \u00a0(ii) any applicable law, regulation <\/span>and<\/span>\u00a0generally accepted practices or guidelines<\/span>\u00a0in the relevant jurisdictions;<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(b) that <\/span>you have<\/span>\u00a0the<\/span>\u00a0sole responsibility for protecting the confidentiality of your password and\/or email address. Use of your password by any other person may result in the immediate cancellation of\u00a0<\/span>the Services<\/span>;<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(c) that <\/span>any use of your\u00a0<\/span>registration information<\/span>\u00a0by any other person, or third parties, is strictly prohibited. You agree to immediately notify\u00a0<\/span>Novari\u00a0<\/span>eVisit\u2122\u00a0<\/span><\/i>of any unauthorised use of your password or email address or any breach of security of which you have become aware;<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(d) that <\/span>a<\/span>ccess\u00a0<\/span>to\u00a0<\/span>and use of the\u00a0<\/span>Platform<\/span>\u00a0is limited, non-transferable and allows for the sole use of the\u00a0<\/span>Platform<\/span>\u00a0by\u00a0<\/span>you<\/span>\u00a0for\u00a0<\/span>the purposes of\u00a0<\/span>Novari\u00a0<\/span>eVisit\u2122\u00a0<\/span><\/i>provid<\/span>ing<\/span>\u00a0the Services<\/span>;<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(e) that <\/span>you will\u00a0<\/span>not\u00a0<\/span>use the Services or the\u00a0<\/span>Platform<\/span>\u00a0in<\/span>\u00a0connection with any commercial endeavours except those that are specifically endorsed or approved\u00a0<\/span>by the management of\u00a0<\/span>Novari\u00a0<\/span>eVisit\u2122<\/span><\/i>;<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(f) that <\/span>you will not use the Services or\u00a0<\/span>Platform<\/span>\u00a0for any i<\/span>llegal and\/or unauthorised use<\/span>\u00a0which includes\u00a0<\/span>collecting email addresses of\u00a0<\/span>Healthcare Provider<\/span>s by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the\u00a0<\/span>Platform<\/span>;<\/span>\u00a0<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(g) that c<\/span>ommercial advertisements, affiliate links, and other forms of solicitation may be removed from\u00a0<\/span>the\u00a0<\/span>Platform<\/span>\u00a0without notice and may result in termination of\u00a0<\/span>the Services<\/span>. Appropriate legal action will be taken by\u00a0<\/span>Novari\u00a0<\/span>eVisit\u2122\u00a0<\/span><\/i>for any illegal or un<\/span>authorised use of the\u00a0<\/span>Platform<\/span>;<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(h) and<\/span>\u00a0acknowledge that any automated use of the\u00a0<\/span>Platform<\/span>\u00a0or its Services is prohibited<\/span>;<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(i) that <\/span>you are responsible for all activity that occurs under your account and agree not to disclose any account information to any third party;<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(j) that <\/span>if<\/span>\u00a0your account information is compromised by a third party<\/span>,<\/span>\u00a0you agree to immediately inform Novari\u00a0<\/span>eVisit<\/span><\/i>\u2122<\/span><\/i>;<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(k) you <\/span>warrant that at the time of registration<\/span>\u00a0and for the duration of time that you hold a valid Provider Account,<\/span>\u00a0you are<\/span>\u00a0a<\/span>\u00a0<\/span>H<\/span>ealthcare\u00a0<\/span>P<\/span>rovider licensed to practice and otherwise lawfully permitted to provide healthcare services<\/span>\u00a0which you\u00a0<\/span>will be<\/span>\u00a0providing through your Provider Account in accordance with the laws and\u00a0<\/span>regulations of the jurisdiction in which the recipient of such healthcare services is located;<\/span>\u00a0<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(l) that <\/span>during all times which you maintain a Provider Account,\u00a0<\/span>you are<\/span>\u00a0a<\/span>\u00a0reputable<\/span>\u00a0individual<\/span>\u00a0and\u00a0<\/span>are of good standing in the community<\/span>;<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(m) that <\/span>you will not attempt to gain unauthorised access to or impair any aspect of Novari\u00a0<\/span>eVisit<\/span><\/i>\u2122<\/span><\/i>,\u00a0<\/span>or its related systems or networks;\u00a0<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(n) you will hold yourself and conduct yourself in a manner which reflects the acceptable standards<\/span>\u00a0of<\/span>\u00a0your healthcare profession<\/span>;<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(o) if you choose to provide Novari <\/span>eVisit\u2122<\/span><\/i>\u00a0with any comments, suggestions or feedback with respect to Novari\u00a0<\/span>eVisit\u2122<\/span><\/i>, you acknowledge and agree that all such comments, suggestions and feedback may be freely used by Novari\u00a0<\/span>eVisit\u2122<\/span><\/i>, at its sole discretion, for the design, development, improvement, marketing, commercialisation and operation of Novari\u00a0<\/span>eVisit\u2122<\/span><\/i>\u00a0and other products and services, without any restrictions based on confidentiality or intellectual property rights; and<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(p) Novari <\/span>eVisit\u2122<\/span><\/i>\u00a0has the right to generate and utilise anonymised and aggregated data related to the Services and the transactions conducted and facilitated through Novari\u00a0<\/span>eVisit\u2122<\/span><\/i>\u00a0and that Novari\u00a0<\/span>eVisit\u2122<\/span><\/i>\u00a0will own all right, title and interest in such aggregated data. Novari\u00a0<\/span>eVisit\u2122<\/span><\/i>\u00a0may use aggregated data for business<\/span>–<\/span>related activities, including maintenance and improvement of Novari\u00a0<\/span>eVisit\u2122<\/span><\/i>\u00a0and other products and services, business analysis, support and analytics.\u00a0<\/span>\u00a0<\/span><\/p>\n

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5. Payment<\/span><\/b>\u00a0of the Subscription Fee<\/span><\/b>\u00a0<\/span><\/p>\n

5.1 Following the Free Trial Period (if any), p<\/span>ayment of the Subscription Fee\u00a0<\/span>is made\u00a0<\/span>via any\u00a0<\/span>third party<\/span>\u00a0payment provider elected by\u00a0<\/span>Novari\u00a0<\/span>eVisit\u2122<\/span><\/i>\u00a0to receive payment (the \u201c<\/span>Payment Gateway<\/span><\/b>\u201d)<\/span>.<\/span>\u00a0You agree to be bound by the terms and conditions of the Payment Gateway.<\/span>\u00a0<\/span><\/p>\n

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6. Refund Policy<\/span><\/b>\u00a0<\/span><\/p>\n

6.1 Novari eVisit<\/span>\u00a0will<\/span>\u00a0only<\/span>\u00a0provide you with a refund of the Subscription Fee in the event\u00a0<\/span>we\u00a0<\/span>are unable to continue to provide the Services<\/span>\u00a0or if the manage<\/span>ment<\/span>\u00a0of\u00a0<\/span>Novari\u00a0<\/span>eVisit\u2122\u00a0<\/span><\/i>makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances<\/span>.\u00a0<\/span>Where<\/span>\u00a0this occur<\/span>s<\/span>, the refund will be in the\u00a0<\/span>proportional\u00a0<\/span>amount of\u00a0<\/span>the\u00a0<\/span>Subscription Fee\u00a0<\/span>that remains unused by the\u00a0<\/span>Healthcare Provider<\/span>;<\/span>\u00a0<\/span><\/p>\n

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7. Copyright and Intellectual Property<\/span><\/b>\u00a0<\/span><\/p>\n

7.1 The <\/span>Platform<\/span>, the Services and all of the related products of\u00a0<\/span>Novari\u00a0<\/span>eVisit\u2122\u00a0<\/span><\/i>are subject to copyright. The material on the\u00a0<\/span>Platform<\/span>\u00a0is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the\u00a0<\/span>Platform<\/span>\u00a0(including but not limited to text, graphics, logos, button icons, video images, audio clips,\u00a0<\/span>Platform<\/span>, code, scripts, design elements and interactive features)\u00a0<\/span>or the Services\u00a0<\/span>(the \u201c<\/span>Content<\/span><\/b>\u201d) are owned or controlled for these purposes, and are reserved by\u00a0<\/span>Novari\u00a0<\/span>eVisit\u2122\u00a0<\/span><\/i>or its contributors.<\/span>\u00a0<\/span><\/p>\n

7.2 Al<\/span>l trademarks, service marks and trade names are owned, registered and\/or licensed by\u00a0<\/span>Novari\u00a0<\/span>eVisit\u2122<\/span><\/i>, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a\u00a0<\/span>Healthcare Provider<\/span>\u00a0to:\u00a0<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(a) use the <\/span>Platform<\/span>\u00a0pursuant to the Terms;<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(b) copy and store the <\/span>Platform<\/span>\u00a0and the material contained in the\u00a0<\/span>Platform<\/span>\u00a0in your device\u2019s cache\u00a0<\/span>memory; and<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(c) print pages from the <\/span>Platform<\/span>\u00a0for your own personal and non-commercial use.<\/span>\u00a0<\/span><\/p>\n

Novari\u00a0<\/span>eVisit\u2122\u00a0<\/span><\/i>does not grant you any other rights whatsoever in relation to the\u00a0<\/span>Platform<\/span>, the Services<\/span>. All other rights are expressly reserved by\u00a0<\/span>Novari\u00a0<\/span>eVisit\u2122<\/span><\/i>.<\/span>\u00a0<\/span><\/p>\n

7.3 Novari <\/span>eVisit\u2122\u00a0<\/span><\/i>retains all rights, title and interest in and to the\u00a0<\/span>Platform<\/span>\u00a0and all related content.\u00a0 Nothing you do on or in relation to the\u00a0<\/span>Platform<\/span>\u00a0will transfer any:<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),<\/span>\u00a0<\/span><\/p>\n

or any other intellectual property whatsoever\u00a0<\/span>to you.\u00a0<\/span><\/p>\n

7.4 You may not, without the prior written permission of <\/span>Novari\u00a0<\/span>eVisit\u2122\u00a0<\/span><\/i>and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party\u00a0<\/span>content<\/span>\u00a0for any purpose<\/span>, unless otherwise provided by these Terms<\/span>. This prohibition does not extend to materials on the\u00a0<\/span>Platform<\/span>\u00a0which are freely available for re-use or are in the public domain.<\/span>\u00a0<\/span><\/p>\n

7.5 You agree that you will not:<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(a) remove or alter any copyright, trademark, brand elements or other proprietary notices;<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(b) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit Novari <\/span>eVisit\u2122\u00a0<\/span><\/i>except as expressly permitted by Novari\u00a0<\/span>eVisit\u2122;\u00a0<\/span><\/i>and<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(c) decompile, reverse engineer or disassemble any material provided by Novari<\/span>\u00a0<\/span><\/i>eVisit<\/span>\u2122<\/span><\/i>.<\/span>\u00a0<\/span><\/p>\n

7.6 You grant Novari <\/span>eVisit\u2122\u00a0<\/span><\/i>a non-revocable, worldwide, royalty-free, perpetual, non-exclusive licence\u00a0<\/span>to\u00a0<\/span>use any intellectual property not included in sub-clauses\u00a0<\/span>7<\/span>.1,\u00a0<\/span>7<\/span>.2,\u00a0<\/span>7<\/span>.3 or\u00a0<\/span>7<\/span>.4 and to which title and interest remain vested in you for any reason whatsoever.<\/span>\u00a0<\/span><\/p>\n

 <\/p>\n

8. Privacy<\/span><\/b>\u00a0<\/span><\/p>\n

8.1 Novari <\/span>eVisit\u2122\u00a0<\/span><\/i>takes your privacy seriously and any information provided through your use of the\u00a0<\/span>Platform<\/span>, Services or the\u00a0<\/span>r<\/span>egistration process are subject to\u00a0<\/span>Novari eVisit<\/span>\u00a0<\/span>Privacy\u00a0<\/span>Policy, which is available\u00a0<\/span>at\u00a0<\/span>https:\/\/www.novarihealth.com.au\/privacy<\/span><\/a>\u00a0<\/span>and\u00a0<\/span>you explicitly agree to be bound by the Privacy Policy<\/span>.<\/span>\u00a0<\/span><\/p>\n

 <\/p>\n

9. General Disclaimer<\/span><\/b>\u00a0<\/span><\/p>\n

9.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law m<\/span>ay not be limited or excluded.\u00a0<\/span>\u00a0<\/span><\/p>\n

9.2 Subject to this clause <\/span>9<\/span>, and to the extent permitted by law:<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(b) Novari <\/span>eVisit\u2122\u00a0<\/span><\/i>will not be liable for any special,<\/span>\u00a0<\/span>\u00a0indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.<\/span>\u00a0<\/span><\/p>\n

9.3 Use of the <\/span>Platform<\/span>\u00a0and<\/span>\u00a0the Services<\/span>\u00a0<\/span>is at your own risk. Everything on the\u00a0<\/span>Platform<\/span>\u00a0and<\/span>\u00a0the Services<\/span>\u00a0is<\/span>\u00a0provided to you \u201cas is\u201d and \u201cas available\u201d without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors<\/span>\u00a0and<\/span>\u00a0licensors of\u00a0<\/span>Novari\u00a0<\/span>eVisit\u2122\u00a0<\/span><\/i>make any express or implied representation or warranty about\u00a0<\/span>the<\/span>\u00a0<\/span>C<\/span>ontent<\/span>\u00a0(as defined in clause 7<\/span>.1<\/span>\u00a0of these Terms)<\/span>\u00a0or any products or\u00a0<\/span>s<\/span>ervices (including the products or services of\u00a0<\/span>Novari\u00a0<\/span>eVisit\u2122<\/span><\/i>) referred to on the\u00a0<\/span>Platform<\/span>. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:\u00a0<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records; <\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(b) the accuracy, suitability or currency of any information on the <\/span>Platform<\/span>, the Service<\/span>s<\/span>, or any of its Content related products (including third party material and advertisements on the\u00a0<\/span>Platform<\/span>);<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(c) costs incurred as a result of you using the <\/span>Platform<\/span>, the Services or any of the products of\u00a0<\/span>Novari\u00a0<\/span>eVisit\u2122<\/span><\/i>;<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(d) the Content or operation in respect to links which are provided for your convenience;<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the <\/span>Platform<\/span>; or<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct. <\/span>\u00a0<\/span><\/p>\n

 <\/p>\n

10 Limitation of liability <\/span><\/b>\u00a0<\/span><\/p>\n

10.1 Novari <\/span>eVisit\u2122<\/span><\/i>\u2019s<\/span><\/i>\u00a0<\/span><\/i>total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the<\/span>\u00a0cost of the<\/span>\u00a0supply of\u00a0<\/span>the\u00a0<\/span>Services to you<\/span>\u00a0in the\u00a0<\/span>9 months preceding the date of the claim<\/span>.<\/span>\u00a0<\/span><\/p>\n

10.2 You expressly understand and agree that <\/span>Novari\u00a0<\/span>eVisit\u2122<\/span><\/i>, its affiliates, e<\/span>mployees, agents, contributors\u00a0<\/span>and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.<\/span>\u00a0<\/span><\/p>\n

10.3 You <\/span>agree that you\u00a0<\/span>are solely responsible for healthcare services that you provide to patients, including compliance with standards of care and record-keeping and other professional obligations. You release Novari\u00a0<\/span>eVisit\u2122\u00a0<\/span><\/i>from any and all liability<\/span>\u00a0which may<\/span>\u00a0aris<\/span>e<\/span>\u00a0from the provision of Services and you indemnify Novari\u00a0<\/span>eVisit\u2122\u00a0<\/span><\/i>from any loss or damages suffered by a patient or third party relating to any healthcare services provided by you through or in connection with Novari\u00a0<\/span>eVisit\u2122<\/span><\/i>.\u00a0\u00a0<\/span>\u00a0<\/span><\/p>\n

 <\/p>\n

11. Termination of Contract<\/span><\/b>\u00a0<\/span><\/p>\n

11.1 The Terms will continue to apply until terminated by either you or by <\/span>Novari\u00a0<\/span>eVisit\u2122\u00a0<\/span><\/i>as set out below.<\/span>\u00a0<\/span><\/p>\n

11.2 If you want to terminate <\/span>the Terms<\/span>, you may do so by<\/span>:<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(a) not renewing <\/span>the<\/span>\u00a0Subscription prior to the end of the Subscription Period;<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(b) providing <\/span>Novari\u00a0<\/span>eVisit\u2122\u00a0<\/span><\/i>with\u00a0<\/span>thirty<\/span>\u00a0(<\/span>30<\/span>) days\u2019 notice of your intention to terminate<\/span>;<\/span>\u00a0and<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(c) closing your accounts for all of the services which you use, where <\/span>Novari\u00a0<\/span>eVisit\u2122\u00a0<\/span><\/i>has made this option availab<\/span>le to you.<\/span>\u00a0<\/span><\/p>\n

Your notice should be sent, in writing, to\u00a0<\/span>Novari\u00a0<\/span>eVisit\u2122\u00a0<\/span><\/i>via\u00a0<\/span>evisit<\/span>support@novarihealth.com<\/span>.<\/span>\u00a0<\/span><\/p>\n

11.3 Novari <\/span>eVisit\u2122\u00a0<\/span><\/i>may at any time, terminate\u00a0<\/span>the Terms<\/span>\u00a0with you if:<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(a) you do not renew<\/span>\u00a0<\/span>the<\/span>\u00a0Subscription at the end of the Subscription Period;<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(b) you have breached any provision of the Terms or intend to breach any provision; <\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(c) Novari <\/span>eVisit\u2122\u00a0<\/span><\/i>is required to do so by law;\u00a0<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(d) Novari <\/span>eVisit\u2122<\/span><\/i>\u00a0is transitioning to no longer providing the\u00a0<\/span>S<\/span>ervices to\u00a0<\/span>Healthcare Provider<\/span>s in the country in which you are resident or from which you use the service;\u00a0<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(e) the provision of the <\/span>S<\/span>ervices to you by\u00a0<\/span>Novari\u00a0<\/span>eVisit\u2122\u00a0<\/span><\/i>is, in the opinion of\u00a0<\/span>Novari\u00a0<\/span>eVisit\u2122<\/span><\/i>, no longer commercially viable<\/span>; or<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(f) Novari <\/span>eVisit\u2122<\/span><\/i>\u00a0gives you written notice that the agreement is terminated for convenience, such termination to be effective immediately upon notice thereof, notice can be given by digital means (including email).<\/span>\u00a0<\/span><\/p>\n

11.4 Subject to local applicable laws, <\/span>Novari\u00a0<\/span>eVisit\u2122\u00a0<\/span><\/i>reserves the right to discontinue or cancel your\u00a0<\/span>Subscription\u00a0<\/span>at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the\u00a0<\/span>Platform<\/span>\u00a0or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts\u00a0<\/span>Novari\u00a0<\/span>eVisit\u2122<\/span><\/i>\u2019s<\/span><\/i>\u00a0<\/span><\/i>name or reputation or violates the rights of\u00a0<\/span>Novari\u00a0<\/span>eVisit\u2122<\/span><\/i>\u00a0<\/span><\/i>or<\/span>\u00a0<\/span><\/i>those of another party.<\/span>\u00a0<\/span><\/p>\n

11.5 When the Terms come to an end, all of the legal rights, obligations and liabilities that you and <\/span>Novari\u00a0<\/span>eVisit\u2122\u00a0<\/span><\/i>have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.<\/span>\u00a0<\/span><\/p>\n

 <\/p>\n

12. Indemnity<\/span><\/b>\u00a0<\/span><\/p>\n

12.1 You agree to indemnify <\/span>Novari\u00a0<\/span>eVisit\u2122<\/span><\/i>\u00a0<\/span>for\u00a0<\/span>any and all<\/span>\u00a0losses suffered by\u00a0<\/span>Novari\u00a0<\/span>eVisit\u2122<\/span><\/i>, its affiliates, e<\/span>mployees, agents, contributors\u00a0<\/span>and licensors from and against<\/span>\u00a0<\/span>any breach of the Terms.<\/span>\u00a0<\/span><\/p>\n

 <\/p>\n

13. Dispute Resolution<\/span><\/b>\u00a0<\/span><\/p>\n

13.1 Mediation<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(a) If a dispute arises out of or relates to the terms of this Agreement, <\/span>neither<\/span>\u00a0<\/span>party\u00a0<\/span>may commence any legal proceedings\u00a0<\/span>in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(b) A party to this Agreement claiming a dispute (the “<\/span>Dispute<\/span><\/b>“) has arisen under the terms of this Agreement, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute (the “<\/span>Notice<\/span><\/b>“).<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(c) On receipt of the Notice by the other party, the parties to the Dispute (the “<\/span>Dispute Parties<\/span><\/b>“) must within seven days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(d) If for any reason whatsoever, 21 days after the date of the Notice, the Dispute has not been resolved the Dispute Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society of New South Wales or his or her nominee and attend a mediation. <\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(e) It is agreed that mediation will be held in Sydney in the State of New South Wales, Australia, and may be held by <\/span>audio<\/span>,<\/span>\u00a0<\/span>video<\/span>\u00a0or\u00a0<\/span>other<\/span>\u00a0acceptable telecommunication means acceptable\u00a0<\/span>to<\/span>\u00a0the mediator<\/span>.\u00a0<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(f) The Dispute Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing, undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Dispute Parties must each pay their own costs associated with the mediation.<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(g) If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0(h) In the event that the Dispute is not resolved at the conclusion of the mediation, either party may institute legal proceedings concerning the subject matter of the Dispute thereafter.<\/span>\u00a0<\/span><\/p>\n

13.2 Confidential<\/span>\u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0 (a) <\/span>All communications concerning negotiations made by the Dispute Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.<\/span>\u00a0<\/span><\/p>\n

 <\/p>\n

14. Governing Law and Jurisdiction<\/span><\/b>\u00a0<\/span><\/p>\n

14.1 <\/span>These Terms are governed by and are to be constructed in accordance with the laws of the State of New South Wales, Australia. Except as agreed in\u00a0<\/span>Clause 13<\/span>, you submit to the exclusive jurisdiction of the courts situated in New South Wales, Australia in respect of all matters arising out of or relating to this\u00a0<\/span>Agreement and the Services and their performance.\u202f\u00a0<\/span>\u00a0<\/span><\/p>\n

 <\/p>\n

15. Venue and Jurisdiction<\/span><\/b>\u00a0<\/span><\/p>\n

\u00a015.1 <\/span>The Services offered by\u00a0<\/span>Novari\u00a0<\/span>eVisit\u2122\u00a0<\/span><\/i>are intended to be viewed by residents of Australia<\/span>\u00a0and New Zealand<\/span>. In the event of any dispute arising out of or in relation to the\u00a0<\/span>Platform<\/span>, you agree that the exclusive venue for resolving any dispute shall be in the courts of\u00a0<\/span>New South Wales<\/span>, Australia.\u00a0<\/span>\u00a0<\/span><\/p>\n

 <\/p>\n

16. GST<\/span><\/b>\u00a0<\/span><\/p>\n

\u00a016.1 <\/span>Unless otherwise stated, all amounts, including out of pocket expenses, expressed and described on or in connection with\u00a0<\/span>these Terms<\/span>, are listed in Australian Dollars (AUD)<\/span>\u00a0or New Zealand Dollars (NZD)<\/span>\u00a0and are GST\u00a0<\/span>in<\/span>clusive<\/span>.<\/span>\u00a0GST is only applicable to subscribers situated in Australia<\/span>\u00a0or New Zealand<\/span>.<\/span>\u00a0For the avoidance of doubt, GST payable for any Services provided under these Terms\u00a0<\/span>is<\/span>\u00a0payable in accordance with the GST legislation of the country in which you are receiving the Services<\/span>.<\/span>\u00a0<\/span><\/p>\n

 <\/p>\n

17. Independent Legal Advice <\/span><\/b>\u00a0<\/span><\/p>\n

\u00a017.1 <\/span>Both parties confirm and declare that the provisions of\u00a0<\/span>the Terms<\/span>\u00a0are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.\u00a0<\/span>\u00a0<\/span><\/p>\n

 <\/p>\n

18. Severance<\/span><\/b>\u00a0<\/span><\/p>\n

\u00a018.1 <\/span>If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be\u00a0<\/span>severed<\/span>\u00a0and the rest of the Terms shall remain in force.<\/span>\u00a0<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

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About the Platform\u00a0 1.1 Welcome to\u00a0Novari\u00a0eVisit\u2122.\u00a0Novari\u00a0eVisit\u2122\u00a0is a virtual care application\u00a0(the \u201cPlatform\u201d) that\u00a0facilitates connecting patients with health providers for the provision of healthcare services by providing:\u00a0\u00a0 \u00a0 \u00a0 \u00a0(a) online appointment services;\u00a0 \u00a0 \u00a0…<\/p>\n","protected":false},"author":5,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"yoast_head":"\nTerms & Conditions of Use - Providers - Novari Health<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.novarihealth.com.au\/termsprovideraunz\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Terms & Conditions of Use - Providers - Novari Health\" \/>\n<meta property=\"og:description\" content=\"    NOVARI\u00a0eVisit\u2122\u00a0\u2013 NOVARI HEALTH PTY LTD\u00a0 \u00a0 TERMS AND CONDITIONS OF USE\u00a0\u2013 PROVIDERS\u00a0 \u00a0 TERMS AND CONDITIONS OF USE\u00a0 \u00a0 1. 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