Welcome to the Vitiligo.Clinic® (“Website”). This Website, is an Internet-Based/Online Service Portal owned and operated by Michael Tirant Dermaceuticals (MTD), a company registered in Australia under ABN 42 096 163 165 (hereinafter referred to as “vitiligo.clinic”, “we”, “us”). Vitiligo.Clinic provides Online Consultations and healthcare services specifically for vitiligo patients, encompassing but not limiting to vitiligo education, online product shopping, and Online Consultations, rendered by a panel of practitioners/doctors/dermatologists (herein after referred to as “services”)
1. Acceptance of Terms
b) By visiting, accessing or registering on this Website, the user accepts to be bound by the Terms and Conditions provided herein below. These Terms and Conditions apply to and govern user access to and use of the Website owned by Vitiligo.Clinic. Access of the Website in any manner, whether automated or otherwise, constitutes use of the Website and your unconditional consent to be bound by these Terms and Conditions. You agree and confirm that the Terms and Conditions may be amended from time to time without notice.
c) Unless an Online Consultation has been conducted any information or advice provided on the Website by experts/doctors/ dermatologists should be used merely as a guide rather than a definitive recommendation to adopt any specific action or treatment.
d) Vitiligo.Clinic, the owner of the Website and experts/doctors/dermatologists who offer services through the Website accept no responsibility for any medical, legal or financial events or outcomes related to Services attained through the use of the Website, which is being provided on an as is basis as a platform to get health information, unless an online consultation has been conducted.
2. Users Must Be 18 years and Above
a) The Website is ONLY intended for use by individuals 18 years of age or older. This Website is not directed for use by individuals under the age of 18. Users under the age of 18 should get the assistance of a parent or guardian to use this Website.
a) Accessing certain areas of the Website and using certain functions or features of the Website may require the User to register. This registration is free. The Users might also be required to pay an agreed consultancy fees, should the user wish to use the Website Online Consulting service.
b) During registration, the user must choose a password, and must provide a unique, valid, current and verifiable e-mail address, current residential address and phone number. Duplicate e-mail addresses are not allowed, so if the name or address is already in use, you will be prompted to choose another one.
c) A confirmation e-mail with your registered information will be sent to you. In the event that delivery of such information fails for any reason, your access or use of areas, functions or features requiring such registration may be refused or terminated.
d) The user will responsible for updating their registration information in order to keep it accurate and current. The user is solely responsible for maintaining the confidentiality of passwords. The user is also solely responsible for restricting access to their computer(s). The user agrees to accept responsibility for all activities that occurring under their account.
e) Should the user become aware of any suspicious or unauthorized access concerning their account, the user agrees to contact Vitiligo.Clinic immediately by e-mail. (firstname.lastname@example.org)
f) We may, at our own discretion, bar registration from any specific e-mail service or Internet Service Provider.
4. User Content Policy
a) The information on this Website, including but not limited to conversation, text, discussion, graphics, emails, phone support or other materials uploaded or downloaded or appearing on the Website (hereinafter referred to as “Content”) accessed by the User is provided for general informational purposes only and SHOULD NOT be relied upon as a substitute for sound professional medical advice, evaluation or care from your physician or other qualified healthcare provider.
b) The Users agree that by submitting photographs through the Website, the Users grant Vitiligo.Clinic the right to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content anywhere in any and all media or distribution methods (now known to or later developed). Vitiligo.Clinic shall ensure that any such photographs used shall be depersonalized in order to maintain the privacy of the user. No photographs of private body areas will be used.
5. Restrictions for Website Use
The Users agree that they shall at all times be governed by the following rules as applicable from time to time:
a) Any law of Australia or Victoria for the time being in force;
b) Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
c) Impersonates another person;
d) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
e) Threatens the unity, integrity, defense, security or sovereignty of any country, or person or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation or person.
f) The User shall at all times ensure full compliance with the applicable provisions of the Electronic Transactions (Victoria) Act 2000 Act No. 20/2000 (hereinafter referred to as the “ET Act”) and the Australian Federal Privacy Act 1988, No. 119, 1988 as amended and rules there under as applicable and as amended from time to time and also all applicable Australian federal and state domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations regarding your use of our service.
The User also acknowledges that the Website shall not be used for any of the following purposes:
a) Attempt to gain unauthorized access to other computer/ network systems;
b) Attempt to interfere with any other users use of the Website;
c) Attempt to interfere or disrupt networks or websites connected to the Vitiligo.Clinic;
d) Print, transmit or store electronic copies of materials protected by copyright without the permission of the owner;
e) Violate or attempt to violate the integrity or security of the Website or its Contents;
f) Attempt to make any unsolicited communication or approach to other Users of the Vitiligo.Clinic website;
g) Attempt to use any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
h) Attempt to decipher, decompile disassemble or reserve engineer any part of the Vitiligo.Clinic Website;
i) Copying or duplicating in any manner any of the Content on the website or other information available from the Website;
j) Framing or hot linking or deep linking any Content on the Website.
k) Gain unauthorized access to the Website, other user accounts, computer system, or network connected to the Website, by means such as hacking, password mining or other illicit means.
l) Repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure.
m) Gather for marketing purposes any e-mail addresses or other personal information that has been posted by other Users of the Website.
n) Attempt tp disseminate any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
o) Transmit any information (including hyperlinks) on or through the Website that is disrupting or competitive to the provision of Services by us;
a) Vitiligo.Clinic, respects the information submitted to us by the Users in the Online Consultancy Form. All medical and personal information shall not be stored or kept on the website and will be stored in a password protected practice database.
b) Vitiligo.Clinic collects information through the Website including, but not limited to anonymous, aggregate information (such as domain name or IP address) from all Users visiting the Website. Such information is used for the purpose of generating statistical reports about the use of the Website and not linked to any information personally identifiable to a User.
c) The User may be required to submit certain personal information, however such information submitted by the User, is only for the purpose of identifying the User using/accessing the Website or for the purposes of conducting an Online Email Consultation.
d) The general information collected by us, is used to improve the Content of our marketing materials and may be shared with our partners/affiliates/ who assist in providing support for our internal operations or used by us to contact Users for marketing purposes.
e) The additional personal information we require in order to provide services or goods will be shared only with those people who need the information to perform a specific job in connection with the provision of services or goods.
f) User information that we collect through log in files are to be used to create a profile of our users. Log files record Internet protocol (IP) addresses, browser types, Internet service provider (ISP), referring/exit pages, Website and page sequences, platform type, date/time stamp, and number of clicks to analyze trends, administer the Website, track a user’s movement in the aggregate, and gather broad demographic information for aggregate use.
g) IP addresses, etc. will not be linked to personally identifiable information. Stored profile information will detail how individual users use our Website and will be used solely for internal purposes. We undertake not share your profile with any third parties.
h) We will disclose personal information ONLY when required by law, or if we have a good-faith belief that such action is necessary to (a) comply with a current judicial proceeding, a court order or legal process served on us, (b) protect and defend our rights, or (c) protect the rights, property, and other interests of our Users or others.
i) All efforts and reasonable precautions will be undertaken to protect your information. However, given the nature of the Internet and the fact that network security measures are not infallible, we cannot guarantee the security of your information.
j) All efforts and reasonable precautions will be undertaken to protect your information off-line. Access to your Online Email Consultation information and any photographs submitted will only be accessed by the consulting practitioner or administration staff strictly on a “as needed basis”.
k) When registering for access to a secure area of the Website, you will be asked to select a username and password. It is highly recommend that you do not divulge your password to person. Also, remember to sign out of the registered Website and close your browser window when you have finished your work. This is to ensure that others cannot access your personal information and correspondence when accessing your computer.
7. Limitation of Liability
There is an absence of legislation and case law precedents relating to telemedicine in both Australia and internationally. It is recognized that the term Telemedicine is a global term for any medical activity that occurs at a distance and that utilizes some form of telecommunications. More specifically it refers to the sharing and transmitting of data and images by telephone consultations, video conferencing, web streaming (internet videoconferencing e.g. Skype), email, fax etc.
a) The user accepts that the ethical and clinical standards of duty of care are the same for telemedicine as for face to face consultations. Vitiligo.Clinic shall endeavour to ensure that they will conduct Online Email Consultations, keep safe user information, prescribe products and provide healthcare advice etc. under the same regulations and laws that control clinic practice in Australia.
b) One of the limitations of Online Email Consultations is that the practitioner is unable to perform a physical examination. The user accepts that they have the responsibility to provide all relevant information about their health, medications, herbal supplement use etc. and ensure that the Online Email Consultation form is correctly and truthfully completed.
c) Vitiligo.Clinic will ensure that the consulting practitioners are completely qualified naturopaths, doctors, dermatologists and shall give their best of advice/diagnosis and health information to the user.
d) Should the user become aware of any changes of circumstance after an Online Email Consultation and prior to the commencement of treatment the user should immediately contact Vitiligo.Clinic to seek urgent advice or the user should refer to his or her own medical practitioner.
e) The limitations associated with consultations or other services exclusive of physical examination, in person, advice or onsite and extensive investigations should be recognized by the user. Neither Vitiligo.Clinic nor any of its owners, managers, directors, employees, agents, partners, advertisers or affiliates assume any legal responsibility for any incorrect or misleading information provided by consulting practitioner.
f) Under no circumstances, including, but not limited to, negligence, will Vitiligo.Clinic, its parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Website, including its materials, products, or services made available through the Website. The User acknowledges and accepts that Vitiligo.Clinic cannot be held liable for any defamatory, offensive or illegal conduct of the User.
a) Vitiligo.Clinic disclaims all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context).
b) Vitiligo.Clinic shall not be liable to any person for any loss or damages which may arise from the use of any of the information contained in any of the materials or contents on this Website.
10. Intellectual Property Rights
a) Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Vitiligo.Clinic owns and reserves all Intellectual Property Rights in all text, programs relating to the products and treatment protocols and other material, which appear on this Website.
b) Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our prior written permission.
c) You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No rights, title or interest or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software.
It is understood that when a User submits his phone number along with his mailing address email enquiry or submits and Online Consultation Form, the User consents to receive email or other related communication from Vitiligo.Clinic.
12. Refusal of Service/Termination
b) Vitiligo.Clinic may, at its own discretion, block or deny access to any User who is in violation of any of the Terms and Conditions of this User Agreement.
13. Modifications or Discontinuation of the Website
Vitiligo.Clinic reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website, or any portion thereof, with or without notice. The User agree that Vitiligo.Clinic will not be liable to any User or to any third party for any modification, suspension or discontinuance of the Website or any portion thereof. Vitiligo.Clinic may amend the Terms and Conditions at any time by posting a revised version on the Website.
14. Applicable Law
15. Entire Agreement
If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the User Agreement shall continue in effect
16. Online Email Consultation
The user accepts that the terms and conditions for the Online Email Consultation are identified in the Terms and Conditions _Online Email Consultation and it is the responsibility of the user to ensure that they have carefully read the Terms and Conditions prior to submitting the Online Consultation Form.
a) The user acknowledges and accepts that the payment and submission of the Online Email Consultation Form to the Vitiligo.Clinic is a formal contract and that there is no refund available should the user then decide not to continue with the purchase of product and commencement of treatment.
b) The user accepts that, aside from the Online Email Consultation, the user has the right to refuse treatment and can elect not to purchase product or continue with the Consultation process.
c) The user accepts that after receiving purchased product he can only claim for a refund if the product has been damaged in transit. If such damage has occurred it is the responsibility of the user to take photographs and send these via email to email@example.com together with the user’s details. Any request for refund due to damage should be made in a timely fashion i.e. as soon as the product has been received. Any delay in making such a request may nullify the refund process.
d) Vitiligo.Clinic may, at its discretion, make a ruling in terms of a refund after taking into account all of the circumstances.
18. Dispute Resolution
Should a dispute arise between the user and Vitiligo.Clinic during the use of the Website, purchase of product or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and cannot be resolved amicably by the two parties involved, then the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Vitiligo.Clinic. The place of arbitration shall be Melbourne, Australia. The Consumer Affairs Victoria shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.