Terms and Conditions 

 

Welcome to Your Health Ally! 

This agreement governs your use of Your Health Ally website (Website) and any other services made available through the Website. By using the Website, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, YOUR HEALTH ALLY PTY LTD (Your Health Ally, the Company, we or us).  
When we talk about the “Services” in this agreement, we are referring to the services available through our Website and any associated services we offer. 
Your Health Ally provides health guidance through secure message-based consultations and, when available, phone consultations for straightforward, non-emergency health matters. These services are intended to support—but not replace—your ongoing care with a general practitioner (GP) or other healthcare provider.
Our consultations are suitable for minor ailments, general health advice, side effect queries, over-the-counter medication guidance, and support with specific health concerns such as pregnancy-related questions. They are not designed for emergencies or the management of complex or multiple chronic health conditions.

 

MEDICAL EMERGENCIES
Your Health Ally provides health guidance through secure message-based consultations and, when available, phone consultations for straightforward, non-emergency health matters. These services are intended to support—but not replace—your ongoing care with a general practitioner (GP) or other healthcare provider.
Our consultations are suitable for minor ailments, general health advice, side effect queries, over-the-counter medication guidance, and support with specific health concerns such as pregnancy-related questions. They are not designed for emergencies or the management of complex or multiple chronic health conditions. 
If you are suffering from an emergency or critical symptom/s including, but not limited to:
•    severe chest pain
•    heart attack
•    stroke
•    loss of consciousness
•    severe bleeding
•    breathing difficulty
•    loss of normal limb function
•    feeling unsteady or clumsy when walking
•    constant pain that has not changed in a 24 hour period
•    unexplained weight loss
•    suicidal ideation
then we will not be able to provide the care that you may require. If you are having any of these presentations, please seek immediate medical assistance by calling 000 in Australia, or contact your treating general practitioner or emergency department at a hospital.
If you are unsure if our Services are safe for you, please seek medical advice. 

DISCLAIMER
The advice provided in our Services is based on pharmacist expertise and is intended for informational purposes only. It is not to be construed as medical advice, diagnosis, or treatment. Always consult a qualified healthcare professional for medical concerns or inquiries. We do not guarantee the accuracy, completeness, or usefulness of the information provided and disclaim any warranties, express or implied, related to the Services.
The Services do not guarantee any particular outcome and are intended for us to assess whether a referral to a specialist practitioner will be appropriate and/or required. We do not represent or warrant that the Services include a referral or that a referral will always be the outcome of any Services we provide. 
 
1    OUR SERVICES
1.1    SERVICES
Your Health Ally is a pharmacy service comprising qualified pharmacists who offer a range of online-based services limited to their professional scope of practice. The services available include but may not be limited to:
(a)    (Consultations) We provide message-based and phone consultations with our pharmacists, including telehealth services to address basic health concerns within the remit of a pharmacist. As part of our Consultations, we also provide:
       (i)    medicine cabinet reviews, where pharmacists assess the contents and provide recommendations regarding the safe and effective use of medications;
       (ii)    basic medication reviews; 
       (iii)    education, instruction or review of device techniques; and
       (iv)    translation or explanation of foreign medical documents or instructions.
(b)    We reserve the right to decline any consultation request if it is determined that the matter exceeds the professional boundaries of pharmacy practice or requires the input of a general practitioner (GP) or medical specialist. In such cases, appropriate referral advice will be given, and no fees will be charged for declined consultations.
(c)    (Absence from Work Certificates) Pharmacists at Your Health Ally are authorised to issue Certificates for Absence from Work (sick leave/carer's leave) under the Fair Work Act 2009 solely when the absence is due to personal illness or injury, or the need to care for an ill or injured family or household member. Certificates can only be issued if, in the pharmacist’s professional opinion, the individual is unfit for work, and only for conditions the pharmacist is professionally qualified to assess. These certificates will reflect the date of the consultation and are not substitutes for medical treatment, opinion, or diagnosis. If an illness or injury persists or worsens, medical attention must promptly be sought.
(d)    Customers are encouraged to first verify with their employers whether a certificate issued by a pharmacist will be accepted for their intended purposes.
(e)    Please note that pharmacists are not medical practitioners and cannot issue medical certificates or certificates for pregnancy-related leave. The certificates provided by Your Health Ally serve only as evidence to support an individual’s absence from work on personal or carer’s leave. If a pharmacist is unable or unwilling to issue a certificate and the individual believes they are unfit for work, it is advisable to seek the opinion of a medical practitioner.

1.2    CONSULTATION PROCESS
(a)    Basic consultations are provided in a secure, message-based format. 
(b)    You will be required to submit your health information and request via our website or as otherwise advised by us from time to time.
(c)    A qualified pharmacist will review the information provided and offer appropriate advice or issues a certificate if deemed suitable.
(d)    Communication with the pharmacist occurs asynchronously, and responses are typically provided within 1-2 business days.
(e)    The advice provided by our pharmacists is within their professional scope and qualifications, they do not function as medical practitioners and are not authorised to provide medical diagnoses or treatment plans.
(f)    Certificates issued through this service are specifically Certificates for Absence from Work under the Fair Work Act 2009 and are not to be considered medical certificates.
(g)    This service is not a substitute for face-to-face consultations with your general practitioner or other healthcare providers. If your symptoms worsen or persist, you should seek in-person medical care without delay.
(h)    If the pharmacist determines that your situation necessitates further medical evaluation, they may recommend that you consult a medical practitioner.
1.3    THIRD PARTY TERMS AND CONDITIONS
(a)    You acknowledge and agree that the terms & conditions of third party suppliers of goods or services (Third Party Terms) may apply to any part of the Services.
(b)    Your Health Ally will endeavour to notify you of Third Party Terms that apply to the Services, in which case:
(i)    you must immediately notify Your Health Ally if you do not agree to the Third Party Terms; and
(ii)    if Your Health Ally does not receive a notice in accordance with clause 1.3(b)(i), you will be taken to have accepted those Third Party Terms, and Your Health Ally will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
(c)    You acknowledge and agree that if you do not agree to any Third Party Terms, this may affect Your Health Ally’s ability to perform the Services.

2    DISCLAIMER
(a)    The advice provided in our Services is based on pharmacist expertise and is intended for informational purposes only. It is not to be construed as medical advice, diagnosis, or treatment. Always consult a qualified healthcare professional for medical concerns or inquiries. We do not guarantee the accuracy, completeness, or usefulness of the information provided and disclaim any warranties, express or implied, related to the Services.
(b)    The Services do not guarantee any particular outcome and are intended for us to assess whether a referral to a specialist practitioner will be appropriate and/or required. We do not represent or warrant that the Services include a referral or that a referral will always be the outcome of any Services we provide. 

3    ELIGIBILITY
(a)    By requesting the Services via the Website or otherwise engaging us to provide you with the Services, you:
         (i)    agree to be bound by these terms;
         (ii)    agree that you are authorised to use the credit or debit card to purchase the Services, where applicable;
         (iii)    represent and warrant that you are either:
(A)    over the age of 18 years and accessing the Services for yourself; or 
(B)    under the age of 18 years and have your parent or guardian’s permission to access the Services. 
(b)    If you are using the Services and are under the age of 18 you must have the consent of your parent and/or legal guardian in order to receive the Services.
(c)    If you are a parent and/or legal guardian accessing the Services on behalf of someone under the age of 18, you represent and warrant that:
        (i)    the person does not have the capacity to access the Services on their own; or
        (ii)    if they do have the capacity to do so, that you have their consent to access the Services on their behalf and to share their personal and health information with us. 
(d)    Please do not access the Website if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Website. 
(e)    If you use the Website on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so. 

4    ACCOUNTS
(a)    All Users may sign-up, register and receive an account through the Website (an Account).
(b)    As part of the Account registration process and as part of your continued use of the Website, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by Your Health Ally from time to time.
(c)    You warrant that any information you give to Your Health Ally in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
(d)    Once you complete the Account registration process, Your Health Ally may, in its absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
(e)    Your Health Ally reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
(f)    Your Health Ally may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.
(g)    Either Your Health Ally or the User may terminate the User’s account at any time (including any listings, memberships or Accounts) for any reason.
(h)    If a User wants to terminate their account (and/or any other membership they hold in connection with the Website), they can do so by using the Website’s functionality where available. Where such functionality is not available, Your Health Ally will effect such termination within a reasonable time after receiving written notice from the User.
(i)    Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the Website, the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.

5    YOUR OBLIGATIONS
5.1    USER OBLIGATIONS
As a User, you agree:
(a)    to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Your Health Ally of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Website’s security;
(b)    not to make any automated use of the Website and you must not copy, reproduce, translate, adapt, vary or modify the Website without the express written consent of Your Health Ally; 
(c)    that Your Health Ally may change any features of the Website or Services offered through the Website at any time without notice to you;
(d)    that information given to you through the Website is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
(e)    that Your Health Ally may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause.
5.2    PROVIDE INFORMATION AND LIAISON
(a)    You must provide us with all documents, information and assistance reasonably required by us to perform the Services.
(b)    You agree to attend any scheduled Appointments. If you cannot attend any scheduled Appointments you must give us the required notice.
(c)    As part of your Appointment and in the lead up to your Appointment, you may be required to provide us with relevant personal information and health information. All of this information will be stored in accordance with this agreement and while you are not required to provide this information, withholding such information will impact the Services and our ability to provide the Services to you. 
(d)    You agree that in order for us to provide the Services, any information you provide to us as a part of the Services should be true and correct and you acknowledge that your breach of this clause may negatively impact our ability to provide you with the Services. 
(e)    Where you choose not to provide your personal and health information, we may not be able to provide the Services to you and reserve the right to refuse to provide the Services to you. 
(f)    Where you have booked an Appointment and subsequently decide not to provide your personal or health information, we may cancel the Appointment and any Fees paid will, to the maximum extent allowed by any applicable law, not be refundable. 
5.3    CANCELLATIONS
(a)    We reserve the right to cancel any issued certificate at our discretion. Cancellation may occur at any time, including after the certificate has been issued, if we have concerns about the accuracy or integrity of the information provided or if: 
(i)    the personal details provided are inaccurate or inconsistent, impairing verification or service delivery;
(ii)    there are repeated discrepancies across multiple applications that suggest possible misrepresentation;
(iii)    the nature of the application indicates a medical condition that requires an in-person evaluation rather than a message-based consultation; or
(iv)    any misuse, fraudulent activity, or violation of our policies.
5.4    COMMUNICATION AND ACCESS
(a)    You must ensure that you have access to a computer and a stable internet connection to be able to receive the Services. 
(b)    You must ensure that you arrive to the scheduled Appointment on-time. You acknowledge and agree that we may not be able to adjust our appointment times if you are late, so you will not be provided any additional time.
5.5    COMPLIANCE WITH LAWS
You warrant that by receiving or requesting the Services, or during receiving or requesting the Services, you will not:
(a)    breach any applicable laws, rules and regulations (including any applicable privacy laws and any relevant industry codes) (Laws);
(b)    do anything which may cause Your Health Ally to breach any Law;
(c)    breach the direction of any government department or authority; or
(d)    infringe the Intellectual Property Rights or other rights of any third party or breach any duty of confidentiality.
 

6    REQUESTING A SERVICE
(a)    To engage us to perform the Services, you must request a Service via the Website or email as advised by us from time to time (Service Request).
(b)    Submitting a Service Request for a Service constitutes your intention and offer to enter into a contract, where we will provide you with the Services you have ordered in exchange for your payment of the total amount displayed when submitting the Service Request (Fee). A contract for these Services is not formed until you receive an email from us confirming that your order is being processed.

7    BOOKING POLICY 
(a)    After making a Service Request, you will be sent an email confirming your Service details.
(b)    You will be required to pay the Fees at the time of your Service Request, you must pay the Fees within 48 hours of this time or your Services will be cancelled. 

8    TELEHEALTH APPOINTMENTS
8.1    TELEHEALTH APPOINTMENT
(a)    If the Services are provided in real time online (an Appointment), they will be delivered electronically and accessed via the third-party app we use from time to time (App).  
(b)    There will be no additional fees payable to us for using the App, other than any fee applicable to downloading any applications from any app store. 
(c)    The App we use is a third-party app and is subject to additional terms and conditions. By using the App you will be bound by this clause and the Third Party Terms.
(d)    The App is powered by a third-party platform and the terms and conditions of that third party may apply to your use of the App to the extent applicable to you. 
(e)    To the maximum extent permitted under applicable law and our agreement with our app provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the App or any issues experienced in using the App including downtime and the App not functioning adequately. 
(f)    You agree that it is your responsibility to check that the computer and internet service being used to access the Services is adequate to access the Telehealth Appointment. 
(g)    We will not be liable to you if the Services may not be provided as a result of any technical issues including but not limited to:
(i)    the operation of the internet, including but not limited to viruses; 
(ii)    any firewall restrictions that have been placed on your network or the computer you are using to access the Telehealth Appointment; 
(iii)    failures of telecommunications links and equipment; and
(iv)    software and browser incompatibility.
8.2    RESCHEDULING, CANCELLING AN APPOINTMENT AND NO-SHOWS 
(a)    If you cannot attend an Appointment, we ask that you please give us at least 4 hours’ notice. If you provide at least 4 hours’ notice to cancel an Appointment, you will not be charged a cancellation fee and your initial Fees will be refunded in full. 
(b)    If you cancel an Appointment less than 4 hours’ days before the Appointment time, you will be:
(i)    required to pay the total Fees of the Appointment; and
(ii)    required to pay any expenses incurred by us, including for any travel related fees.
(c)    Where you are unable to attend an Appointment and you do not provide us with any notice, or where you arrive to an Appointment more than 15 minutes after the scheduled start time, we reserve the right to cancel your appointment and to the maximum extend permitted under applicable law, your Fees will be non-refundable. 
 

9    IDENTITY VERIFICATION
(a)    We may in rare instances require Users to verify their details using our processes or an external identity verification service as applicable (Verification Service).  
(b)    We will collect your personal information in accordance with our Privacy Policy as set out in clause 16. Where a Verification Service is used, you acknowledge and agree that: 
       (i)    we may contact and share your personal information with a Verification Service to verify your details; 
       (ii)    you consent to us receiving, sharing and using this information to enable us to carry out the Verification Service.
(c)    We may charge non-refundable fees for the Verification Service, as set out on the Website.  
(d)    You acknowledge and agree that:
      (i)    we are reliant on the information provided by the Verification Service to verify your identity and to the extent permitted by law, we disclaim all warranties that the Verification Service will be accurate or guarantee that the Verification Service will ensure you contract with a suitable User; 
      (ii)    you should make your own inquiries as to other Users’ identities before engaging in contracts with those Users; and
      (iii)    we do not endorse any User, Service Listing or Verification Service.
 

10    FEES AND PAYMENT
10.1    FEES
(a)    You must pay any fees in the amounts and at the times set out on our Website or as otherwise agreed in writing with you (Fees).
(b)    All of our Fees are payable up front, prior the date of your Appointment or Services. 
10.2    PAYMENT
(a)    Unless otherwise agreed in writing:
(i)    if we issue an invoice to you, payment must be made by the time specified in such invoice; and
(ii)    in all other circumstances, you must pay for all Services prior to Your Health Ally providing you with the Services.
(b)    (GST) Unless otherwise indicated, amounts stated on the Website include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice to you.
(c)    (Card surcharges) We reserve the right to charge credit card surcharges in the event that payment of the Fees are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(d)    (Card withholding) We reserve the right to withhold your credit card payment details via our Payment Providers for the purposes of charging you the Fees for our Services. Where we withhold these details, the details will be stored on the Payment Provider’s platform and will not be visible to us directly. 
(e)    (Late payment) If you fail to pay any amounts due to us under an invoice by the specified due date, we retain the right, without limiting any other rights under these terms, to charge you interest at a rate of 10% per annum on the outstanding amount. However, before applying this interest, we will provide you with a written notice giving an additional 7 days to complete the payment. If payment is still not received by the end of this 7-day grace period, interest will accrue from the expiration of that period until the date the full payment is received by us.
(f)    (Refunds) Given the nature of the services, we generally don't offer refunds for Services and any refunds we issue will be solely at our discretion. Please let us know if you have any issues with our Services that you think should entitle you to a refund and we'll consider your situation.

11    ONLINE PAYMENT PARTNER
(a)    We may use third-party online payment partners, currently Stripe and Paypal (Online Payment Partner), to collect payments on the Website, including for our Services. 
(b)    The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner. You can find these here https://stripe.com/au/legal/consumer.
(c)    You agree to release Your Health Ally and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.
(d)    We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment. 

12    SERVICE LIMITATIONS
While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:
(a)    the Website may have errors or defects (or both, as the case may be);
(b)    the Website may not be accessible at times;
(c)    messages sent through the Website may not be delivered promptly, or delivered at all;
(d)    information you receive or supply through the Website may not be secure or confidential; and
(e)    any information provided through the Website may not be accurate or true.

13    INTELLECTUAL PROPERTY 
(a)    Your Health Ally retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
(b)    You may make a temporary electronic copy of all or part of the Service Content for the sole purpose of viewing it and adapting it for the purpose of providing or receiving the Services. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from Your Health Ally or as permitted by law.
(c)    In this clause 13, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.

14    THIRD PARTY CONTENT
The Website may contain text, images, data and other content provided by a third party and displayed on the Website (Third Party Content). Your Health Ally accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

15    THIRD PARTY TERMS SUPPLIERS
(a)    If we need to provide goods or services supplied by a third party as a part of our Services, you may be subject to the terms and conditions of that third party (Third Party Terms).
(b)    Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Website or otherwise set out in these terms), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Website or any services related to Website and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
(C)    You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we cannot provide you with the services associated with the Website and you can stop using the Website. 

16    COLLECTION NOTICE AND PRIVACY
(a)    We may collect personal and health information about you in the course of providing you with our Services, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
(b)    We take our privacy responsibility seriously and ensure that we adhere to the Australian Privacy Principles and our other obligations at all times when handling your personal or health information. 
(c)    Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.
(d)    By agreeing to these terms, you agree to be bound by the clauses outlined in our Privacy Policy.

17    SECURITY
Your Health Ally does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Website
. You should take your own precautions to ensure that the process you employ to access the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference.

18    WARRANTIES
(a)    To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
(b)    Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
 

19    LIABILITY
19.1    LIABILITY
To the maximum extent permitted by law, the total liability of each party in respect of loss or damage sustained by the other party in connection with the Services is limited to the value of the Fees paid for the Services.
19.2    CONSEQUENTIAL LOSS
To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by us, except:
(a)    in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
(b)    to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).
 

20    CONFIDENTIALITY
You agree that:
(a)    no information owned by Your Health Ally, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
(b)    all communications involving the details of other users on this Website are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.
(c)    Except as contemplated by this agreement, we will not permit any of our officers, employees, agents, contractors or related companies to use or to disclose to any person any information of or provided by you to us during an Appointment or in connection with our Services that is by its nature confidential information, is designated by you to be confidential, or that ought to be understood as being confidential.  
(d)    This clause does not apply to:
(i)    information which is generally available to the public (other than as a result of a breach of these terms or another obligation of confidence); 
(ii)    information disclosed or provided to a third party with your consent; 
(iii)    information disclosed where failure to do so may put you or another person at serious risk;
(iv)    information required to be disclosed by any law; or
(v)    information disclosed by us to our employees, cloud storage providers or agents for the purposes of performing the Services or our obligations under this agreement.

21    DISPUTE RESOLUTION
(a)    A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
(b)    A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
(c)    Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
22    TERMINATION
22.1    TERMINATION ON DELIVERY
For one-off Consultations and provisions of Absence from Work Certificates, this agreement will automatically terminate on completion of the Consultation and delivery of the Services to you.
22.2    TERMINATION FOR CONVENIENCE
Your Health Ally may terminate these Terms for convenience by providing 3 hours’ notice to the other party. Where Your Health Ally terminates this agreement in accordance with this clause 26.2 and prior to providing the Services, Your Health Ally will provide you with a refund of the Fees.
22.3    TERMINATION FOR CAUSE
Either party may immediately terminate these terms by written notice to the other party if:
(a)    the other party is in default or breach of these terms;
(b)    the other party is convicted, or any of the other party’s personnel are convicted, of a criminal offence involving fraud or dishonesty or an offence which, in the opinion of the other party, affects the other party’s obligations under these terms;
(c)    the other party or any of the other party’s personnel conducts themselves in a way tending to bring them or the other party into disrepute; or
(d)    the other party or any of the other party’s personnel has a conflict of interest that cannot be resolved to the satisfaction of the other party.
22.4    EFFECT OF TERMINATION
Upon termination of this agreement:
(a)    any Fees paid are non-refundable; 
(b)    each party must comply with all obligations that are by their nature intended to survive the end of this agreement; and
(c)    each party must stop using any materials that are no longer owned by, or licensed to, them when this agreement is terminated.

23    NOTICES
(a)    A notice or other communication to a party under this agreement must be:
(i)    in writing and in English; and
(ii)    delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
(b)    Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
(i)    24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
(ii)    when replied to by the other party,
whichever is earlier.

24    GENERAL
24.1    GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
24.2    WAIVER
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
24.3    SEVERANCE
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
24.4    JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
24.5    ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
24.6    COSTS
Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
24.7    ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
24.8    INTERPRETATION
(a)    (singular and plural) words in the singular includes the plural (and vice versa);
(b)    (gender) words indicating a gender includes the corresponding words of any other gender;
(c)    (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d)    (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e)    (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f)    (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(g)    (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(h)    (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(i)    (includes) the word “includes” and similar words in any form is not a word of limitation; and
(j)    (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.