Terms & Conditions

Welcome to Quity. These Terms and Conditions govern your access to and use of our website, platform, and services (services). By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, please discontinue use of our services immediately.

We reserve the right to update these Terms and Conditions at any time. Any changes will be published on our website www.quity.com.au. Any updates will be effective upon publication. Your continued use of our services represents an agreement to be bound by the updated Terms and Conditions.

Quity is an Australian digital health platform operated by Quity Pty Ltd (Quity, we, us, our). Our platform provides:

• Online telehealth consultations connecting patients with registered Australian medical and other health practitioners (health practitioners)
• Electronic prescription services for eligible patients
• An online pharmacy service for the dispensing and delivery of prescribed medications
• Health information resources and support tools

Our mission is to make quality healthcare more accessible by bridging the gap between patients, health practitioners, and pharmaceutical services through a secure digital environment.

By creating an account, making a purchase, booking a consultation, or otherwise using our platform, you confirm that:

• You are at least 18 years of age and legally capable of entering into binding agreements
• You have read and accept these Terms and Conditions in their entirety
• You have reviewed and accept our Privacy Policy
• If acting on behalf of another person (such as a dependent), you have legal authority to do so

We reserve the right to modify these Terms and Conditions at any time. Continued use of our services following any changes constitutes your acceptance of the revised Terms and Conditions. We encourage you to review this page periodically for updates.

To use Quity's services, you must meet the following criteria:

• Age Requirement: You must be 18 years or older. Services for minors require a parent or legal guardian to manage the account and provide consent
• Residency: You must be located within Australia when accessing telehealth consultations
• Valid Identification: You may be required to verify your identity using government-issued identification
• Accurate Health Information: You must provide complete and truthful medical history and health information, including current medications, allergies, and medical conditions

We reserve the right to refuse service or terminate accounts for any reason, including if eligibility requirements are not met or if false information is provided.

When you create an account with Quity (account), you agree to the following responsibilities:

• Accurate Information: Provide truthful and current personal details, including your full legal name, date of birth, contact information, and Medicare details where applicable
• Account Security: Keep your login credentials confidential and do not share access with others
• Sole Responsibility: You are responsible for all activities that occur under your account
• Immediate Notification: Alert us promptly at support@quity.com.au if you suspect unauthorised access to your account
• Profile Updates: Keep your account information current, particularly your contact details and medical information

Providing false or misleading information, or using another person's identity, may result in immediate account termination and may be reported to relevant authorities.

You may not create more than one account.

You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorised use, or suspected unauthorised use, of your account or any other breach of security.

In creating an account, using our website or receiving services, you agree not to:

1. Upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data
2. Harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent
3. Interfere with, disrupt, or create an undue burden on servers or networks connected to the website or violate the regulations, policies or procedures of such networks
4. Harass or interfere with another user's use of the website
5. Introduce software or automated agents or scripts to the website to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the website
6. Submit any false, incorrect or misleading information through your usage of the website
7. Reproduce, duplicate, copy or re-sell any part of our website or content, including graphics, icons, logos and service names
8. Modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the website
9. Access the site or services in order to build a similar or competitive service

Quity facilitates telehealth consultations between patients and registered Australian health practitioners (consultation service). By using our consultation services, you understand and agree that:

• Independent Practitioners: Health practitioners accessible through our platform are independent practitioners, not employees of Quity
• Clinical Judgment: All medical decisions, including whether to issue prescriptions, remain at the sole discretion of the consulting health practitioner. Therefore, a consultation service does not guarantee that a prescription will be issued.
• Accurate Disclosure: You must provide complete and accurate information about your health, including current medications, allergies, and medical conditions
• Emergency Situations: Our consultation service is not suitable for medical emergencies. If you experience a medical emergency, call 000 immediately
• Supplementary Care: consultation services complement, but do not replace, the relationship with your regular health practitioner

When a health practitioner issues a prescription through our platform:

• Prescriptions are issued as electronic scripts (eScripts) where applicable and permitted by law
• Prescriptions remain valid only for the duration specified by the prescribing health practitioner
• You authorise the sharing of your prescription with our partner pharmacy for dispensing purposes, unless you instruct us otherwise
• Certain medications may not be available through consultation services due to regulatory requirements
• Prescription medications will only be dispensed upon verification of a valid prescription

It is your responsibility to inform your regular health practitioner about any medications prescribed through our service to ensure coordinated care.

Quity partners with registered Australian pharmacies (partner pharmacies) to dispense and deliver prescription medications (pharmacy services). Our pharmacy services operate under the following conditions:

• Licensed Pharmacies: All medications are dispensed by partner pharmacies registered with the Australian Health Practitioner Regulation Agency (AHPRA)
• Prescription Verification: Prescription medications require a valid prescription from a health practitioner
• Product Availability: While our partner pharmacies strive to maintain stock availability, certain products may be temporarily unavailable. You will be notified of any substitutions or delays
• Storage and Handling: Medications are stored and handled according to TGA guidelines and manufacturer specifications
• Product Information: Always read the Consumer Medicine Information (CMI) provided with your medication and follow the directions of your healthcare provider

Preference of Pharmacy: You are not required to use a partner pharmacy, and you can, at any time, request that we provide you with a copy of your prescription for you to attend and present to any pharmacy of your choice. We cannot guarantee that your selected pharmacy will have your prescribed medication in stock or be able to obtain and dispense your medication in a timely manner.

If your selected pharmacy is not a partner pharmacy and requires that we provide a copy of any of your health records or a health summary, we may charge you an administration fee to collate and deliver the documents to your selected pharmacy calculated in accordance with the applicable regulations.

All prices displayed on our platform are in Australian Dollars (AUD) and include GST where applicable. Our pricing and payment terms include:

• Consultation Fees: Fees for consultation services are payable at the time of booking. Medicare rebates may apply for eligible consultations
• Product Prices: If you agree to use one of our partner pharmacies, we may collect the cost of medication from you on their behalf as a collections agent and remit these costs to the pharmacy. Prices are subject to change without prior notice.
• Delivery Charges: Shipping fees are calculated at checkout based on your location and delivery preference
• Payment Methods: We accept major credit cards, debit cards, and other payment methods as displayed at checkout
• Payment Processing: Payments are processed through secure third-party payment gateways. By making a purchase, you agree to their terms of service

If payment is declined or cannot be processed, we reserve the right to withhold services or products until payment is successfully received.

We deliver prescription and non-prescription products throughout Australia subject to the following terms:

• Delivery Timeframes: Estimated delivery times are provided at checkout. While we aim to meet these estimates, delays may occur due to factors beyond our control
• Accurate Address: You are responsible for providing correct delivery details. Additional charges may apply for redelivery due to incorrect addresses
• Signature Requirements: Certain medications may require signature upon delivery to verify receipt
• Delivery Partners: We use third-party courier services for deliveries. Their terms and conditions apply to the delivery process
• Non-Delivery: If a delivery cannot be completed, the package may be held at a collection point. Uncollected packages may be returned to us

We are not liable for delays caused by courier services, incorrect delivery information, or recipient unavailability.

Our refund and cancellation policies are designed to balance patient needs with regulatory requirements:

Consultation Cancellations:

• Cancellations made more than 24 hours before a scheduled consultation service may receive a full refund
• Cancellations within 24 hours of a scheduled consultation service may incur a cancellation fee
• Failure to attend a booked consultation service without notice is not eligible for a refund

Medication Returns:

• Due to health and safety regulations, prescription medications cannot be returned or refunded once dispensed
• If you receive damaged or incorrect medication, contact us within 48 hours for resolution

Non-Prescription Products:

• Unopened, non-prescription products may be returned within 14 days for a refund
• Items must be in original packaging and unused condition

For all refund enquiries, please contact support@quity.com.au with your order details.

When using Quity's platform and services, you agree to:

• Provide accurate, complete, and current information at all times
• Use the services only for lawful purposes and in accordance with these Terms and Conditions
• Respect health providers and staff, and refrain from abusive, threatening, or inappropriate conduct
• Not attempt to obtain prescriptions through deception or misrepresentation
• Not share, sell, or transfer your account access or any prescribed medications to others
• Not attempt to circumvent platform security or access systems without authorisation
• Not use automated systems, bots, or scrapers to access our platform
• Comply with all applicable Australian laws and regulations

Violation of these conduct requirements may result in immediate account suspension or termination.

Where you have provided us with your phone number, you agree that we and those acting on our behalf may send you text messages (SMS). Standard SMS charges applied by your cell phone carrier will apply to SMSs we send. Your agreement to receive promotional texts is not a condition of any purchase or service offered by us. If you change or deactivate the phone number you provided to us, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. You agree that texts, calls, or pre-recorded messages may be generated by automatic telephone dialling systems.

You may opt-out of receiving all SMSs from us at any time by deleting your account or by replying STOP to any text message from us. NOTE: opting-out of receiving all SMSs may limit your ability to use certain services. You may continue to receive text messages for a short period while we process your request, and you may also receive SMSs confirming the receipt of your opt-out request. You may opt back into receiving text messages at any time by notifying us.

Where you have provided your email address, you agree that we may send you emails concerning our services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.

All content on the Quity platform, including but not limited to text, graphics, logos, images, software, and design elements, is the property of Quity or its licensors and is protected by Australian and international intellectual property laws.

• You may not reproduce, distribute, modify, or create derivative works from any content without our express written permission
• The Quity name, logo, and all related marks are trademarks of Quity Pty Ltd
• Limited personal use of content for non-commercial purposes is permitted, provided attribution is maintained
• Any feedback, suggestions, reviews or ideas you provide may be used by Quity without obligation to you

Unauthorised use of our intellectual property may result in legal action.

Your privacy is important to us. Our collection, use, and protection of your personal and health information is governed by our Privacy Policy, which forms part of these Terms and Conditions.

Key points include:

• We collect personal and health information necessary to provide our services
• Your information is stored securely and handled in compliance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles
• Health records are maintained in accordance with applicable laws
• We do not sell your personal information to third parties
• Information may be shared with health providers, pharmacies, and service partners as necessary to deliver our services

By using our services, you consent to the collection and use of your information as described in our Privacy Policy.

To the fullest extent permitted by law:

• Service Provision: Quity acts as a platform connecting patients with healthcare providers and pharmacies. We are not responsible for clinical decisions made by practitioners or the actions of third-party service providers
• No Warranties: Our services are provided "as is" without warranties of any kind, whether express or implied to the fullest extent permitted by law.
• Limitation of Damages: Quity shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services
• Maximum Liability: Our total liability under these Terms and Conditions, whether arising under contract, in tort (including negligence), under statute, in equity or otherwise at law, shall not exceed the amount paid by you for the consultation services within 3 months preceding the event giving rise to the loss or liability.
• Third-Party Actions: We are not liable for the actions, errors, or omissions of independent health providers, pharmacies (including partner pharmacies), courier services, or other third parties

Nothing in these Terms and Conditions excludes or limits liability that cannot be excluded or limited under Australian Consumer Law.

You agree to defend, indemnify, and hold harmless Quity, its directors, officers, employees, contractors, and agents from and against any claims, damages, costs, liabilities, and expenses (including reasonable legal fees) arising from:

• Your use or misuse of our services
• Your violation of these Terms and Conditions
• Your provision of false, misleading, or incomplete information
• Your infringement of any third-party rights
• Any harm caused by your failure to follow medical advice or misuse of prescribed medications

We strive to maintain continuous service availability, however:

• Maintenance: We may temporarily suspend services for maintenance, updates, or improvements
• Modifications: We reserve the right to modify, update, or discontinue any aspect of our services without prior notice
• Technical Issues: We are not liable for service interruptions due to technical failures, cyberattacks, or circumstances beyond our control
• Third-Party Services: Our platform may integrate with third-party services. We are not responsible for their availability or performance

We will make reasonable efforts to notify users of significant service changes where possible.

Quity shall not be held liable for any delay or failure to perform obligations under these Terms and Conditions due to circumstances beyond our reasonable control, including but not limited to:

• Natural disasters, fires, floods, earthquakes, or extreme weather events
• Pandemics, epidemics, or public health emergencies
• War, terrorism, civil unrest, or government actions
• Industrial disputes, strikes, or labour shortages
• Utility failures, including power outages or telecommunications disruptions
• Supply chain disruptions or shortages of materials

In such circumstances, affected obligations will be suspended for the duration of the force majeure event.

Either party may terminate your account.

• User Termination: You may close your account at any time by contacting support@quity.com.au. Closure does not affect any pending orders or consultations
• Quity Termination: We may suspend or terminate your account immediately for any reason, including if we believe you have violated these Terms and Conditions, engaged in fraudulent activity, or posed a risk to others
• Effect of Termination: Upon termination, your right to access services ceases, though certain provisions of these Terms and Conditions survive termination
• Data Retention: We may retain your information as required by law or for legitimate business purposes, as outlined in our Privacy Policy

If you have a dispute or complaint regarding our services:

1. Contact Us: First, reach out to our customer support team at support@quity.com.au. Many issues can be resolved directly
2. Formal Complaint: If not resolved, submit a formal written complaint. We will acknowledge receipt within 5 business days and aim to resolve matters within 30 days
3. External Resolution: If you remain unsatisfied, you may escalate to relevant regulatory bodies or external dispute resolution schemes
4. Governing Law: These Terms and Conditions are governed by the laws of Australia. Any legal proceedings shall be brought in the courts of your state

We are committed to resolving disputes fairly and efficiently.

The following general provisions apply to these Terms and Conditions:

• Entire Agreement: These Terms and Conditions, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Quity
• Severability: If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect
• Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right or provision
• Assignment: You may not assign or transfer your rights under these Terms and Conditions without our written consent. We may assign our rights to any affiliate or successor
• No Partnership: Nothing in these Terms and Conditions creates a partnership, joint venture, employment, or agency relationship between you and Quity
• Notices: We may provide notices to you via email, through your account, or by posting on our website