In these Terms, when we say you or your, we mean both you and any entity you are authorised to represent (such as your employer). When we say we, us, or our, we mean Raiqa AI Health Pty Ltd(ACN682 310 818).

These Terms form our contract with you, and set out our obligations as a service provider and your obligations as a user. You cannot use our Services unless you agree to these Terms. The obligations in these Terms apply equally to Practitioners, Practices, Patients and Assisting Staff, unless we state otherwise.

Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.

For questions about these Terms, or to get in touch with us, please email: [email protected]

These Terms were last updated on 5 June 2025.

OUR DISCLOSURES

Please read these Terms carefully before you accept. We draw your attention to:

• our privacy policy (on our website) which sets out how we will handle your personal information;
• clause 1.5 (Variations) which sets out how we may amend these Terms; and
• clause 14 (Liability) which sets out exclusions and limitations to our liability under these Terms.

These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.

1. Platform Licence and Term

1.1 These Terms apply from when you sign up for an Account, until the date on which your Account is terminated in accordance with these Terms. We grant you a right to use our Services for this period of time only.

1.2 You must be at least 16 years old to use our Platform.

Platform Licence

1.3 While you have an Account, we grant you and your Authorised Users a right to use our Platform (which may be suspended or revoked in accordance with these Terms). This right cannot be passed on or transferred to any other person.

1.4 You must not (and you must ensure that your Authorised Users do not):

(a) access or use our Platform in any way that is improper or breaches any laws, infringes any person's rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability;

(b) interfere with or interrupt the supply of our Platform, or any other person’s access to or use of our Platform;

(c) introduce any viruses or other malicious software code into our Platform;

(d) attempt to access any data or log into any server or account that you are not expressly authorised to access;

(e) use our Platform to send unsolicited electronic messages;

(f) use dating mining, robots, scraping or other data gathering and extraction tools on our Platform; or

(g) access or use our Platform to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.
1.5 Variations: We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use our Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may close your Account with effect from the date of the change in these Terms by providing written notice to us. If you close your Account, you will no longer be able to access our Services (including our Platform) on and from the date of cancellation.

2. Platform Summary

2.1 Our Platform is a marketplace where: 

(a) Patients can connect with and book Consultations from Practitioners; 
(b) Practices can list available Rooms and receive Patient leads; and
(c) Assisting Staff can have their services booked.

2.2 Practitioners and Practices may create listings on our Platform for available Consultations and Rooms and must create an Account to do this. These listings must include accurate and complete descriptions, including all fees.

2.3 Patients can browse Practitioner listings without an Account, but must create an Account to book Consultations.

2.4 We do not endorse or approve any Practitioners, Practices, Assisting Staff or services offered through our Platform. We are solely providing the technology to facilitate connections and transactions between Parties.

2.5 Communication: Practitioners, Practices, Assisting Staff and Patients can communicate privately outside of the Platform. Practitioners, Practices, Assisting Staff and Patients must not use our Platform to obtain each other’s contact details for the purpose of circumventing any fees payable to us for the use of our Platform and our Services.

2.6 Practitioners providing telehealth services through our Platform must:

(a) comply with all applicable AHPRA telehealth guidelines and standards;
(b) comply with all applicable RACGP telehealth guidelines and standards;
(c) ensure they meet all registration and qualification requirements for telehealth service delivery in their jurisdiction;
(d) maintain appropriate technology and environment for safe telehealth Consultations; and
(e) take full responsibility for determining the appropriateness of telehealth delivery for each Patient Consultation.

For Practitioners, Practices and Assisting Staff Only

2.7 By listing your services or Rooms on our Platform, you confirm that you are legally entitled to and capable of providing the services or facilities described in your listing.

Insurance

2.8 Practitioners and Assisting Staff must have appropriate professional indemnity insurance to cover the services you offer through our Platform.

2.9 Practices must have appropriate public liability and property insurance for any Rooms or facilities listed on our Platform.

2.10 We may request that you provide us with evidence of your insurance coverage. Where we do so, we are not confirming that the insurance you have is sufficient or suitable for your services or listings.

Content Licence

2.11 You grant us a non-exclusive, irrevocable, royalty-free, sublicensable and transferable licence for the duration that your services or Rooms are listed on our Platform, to host your listings on our Platform for the purpose of making your services or Rooms available to Patients and other Platform users.

Continuity of Care (Practitioners Only)

2.12 Practitioners are solely responsible for:

(a) all follow-up care required for their Patients;
(b) crisis management and emergency protocols for their Patients;
(c) ensuring continuity of care for all Patients under their treatment;
(d) arranging appropriate handover of Patient care if ceasing to provide services through the Platform; and
(e) not abandoning Patient care without proper clinical handover procedures.

3. Our Services

3.1 Subject to your compliance with these Terms, we will provide you with access to our Platform (our Services).

3.2 We will not be responsible for any other services unless expressly set out on in these Terms or on our Platform.

3.3 Additional Services: If you require additional services, we may, in our sole discretion, provide such additional services (to be scoped and priced in a separate contract provided by us).

3.4 Beta Services: If we provide you with access to any new or beta services, you acknowledge that because of the developmental nature of such services, you use them at your own risk and we have no obligation to maintain or provide error corrections. Any new or beta services we provide you with access to are for evaluation purposes only and not for production use, and we may discontinue those services at any time at our sole discretion.

4. Account

4.1 Accounts for Practitioners, Assisting Staff, Practices and Patients are different, and you must choose the correct Account based on how you want to use our Platform.

4.2 If you are a Practitioner or Assisting Staff member, you do not need to create a separate Account to book Rooms. Your Practitioner or Assisting Staff Account will allow you to both provide services and book Rooms as needed.

4.3 If you intend to use the Platform in multiple primary roles (e.g., as both a Practitioner and a Patient, or as both a Practice and a Practitioner), you must create separate Accounts for each primary role. Each Account must be associated with a unique email address.

4.4 You may register for an Account using your Apple, Google or Facebook account (Single Sign-On Account). If you sign in to your Account using a Single Sign-On Account, you authorise us to access information from your Single Sign-On Account including your name and contact information.

For Practitioners, Practices, and Assisting Staff Only

4.5 You may invite Authorised Users to access and use our Services under your Account. Each of your Authorised Users will require a login (which is linked to your Account), in order to access and use our Platform. You are responsible for ensuring that your Authorised Users comply with these Terms. You may change who your Authorised Users are at any time through your Account, and what access rights or permissions they have when using our Platform. Any limitations on the number of Authorised Users you can have will be set out in your Account or on our Platform.
4.6 While you have an Account with us, you agree to (and to ensure your Authorised Users agree to):
(a) keep your information up-to-date (and ensure it remains true, accurate and complete);
(b) keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and
(c) notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account or any logins linked to your Account.

Identity Checks – For Practitioners and Assisting Staff Only

4.7 Before you can have an Account, you must pass our identity verification process (Identity Check). This process may include:
(a) an AHPRA (Australian Health Practitioner Regulation Agency) registration check; 
(b) an ABN (Australian Business Number) verification; and
(c) a 100-point ID check, which may be conducted through Australia Post or another authorised provider.

4.8 You agree to co-operate with us in carrying out the Identity Checks, including by:
(a) providing us with your AHPRA registration number; 
(b) providing us with your ABN; 
(c) completing the 100-point ID check as directed; and
(d) providing any additional Personal Information necessary to complete this process (such as your name, proof of address, and proof of identity).

4.9 Where we have engaged a third party (such as Australia Post) to carry out any part of the Identity Check, you consent to us disclosing your Personal Information to that third party for this purpose.

Verifications

4.10 Practitioners and Assisting Staff who pass an Identity Check will be permitted to use a verification symbol on our Platform (Verified Status). By allowing Practitioners and Assisting Staff to operate with Verified Status, we are not guaranteeing or endorsing that Practitioners and Assisting Staff will not engage in misconduct, and Patients should do their own due diligence before doing business with Practitioners and Assisting Staff.

4.11 We reserve the right to revoke Verified Status at any time if we have reason to believe that the information provided during the Identity Check was false or has become outdated, or if we receive credible information that calls into question the Practitioner's or Assisting Staff's professional standing or integrity.

5. Room Bookings

5.1 Practices may list available Rooms on the Platform, including details such as location, size, equipment, and availability.

5.2 Practitioners and Assisting Staff may book Rooms through the Platform for the purpose of conducting Consultations or performing their services.

5.3 The Practice is responsible for ensuring the accuracy of Room listings and maintaining the Room in the condition described.

5.4 Cancellation and refund policies for Room bookings must be clearly stated in the Room listing.

5.5 In consideration of the Practitioner's and/or Assisting Staff’s payment of the Room Booking Fee, we grant the Practitioner and Assisting Staff a non-exclusive licence to use the Room during the booked time slot, in accordance with this Agreement.

5.6 This Agreement does not create or give the Practitioner and/or Assisting Staff any estate or interest in the Room or the Premises where the Room is located.

5.7 The Practitioner and/or Assisting Staff uses the Room as a licensee only and does not have the right to exclusive possession of the Room outside of their booked time slot.

5.8 The Practitioner and/or Assisting Staff agrees to:
(a) use the Room only for the purpose of providing health services to Patients; 
(b) keep the Room clean and tidy;
(c) not make any alterations or additions to the Room;
(d) notify us promptly of any damage to the Room; 
(e) comply with all health and safety directives when using the Room; 
(f) vacate the Room promptly at the end of the booked time slot.

5.9 The Practitioner and/or Assisting Staff agrees to pay the Room Booking Fee as set out in clause 8.1of this Agreement.

5.10 The Practitioner and/or Assisting Staff may only access and use the Room during the time slot they have booked through our Platform.

5.11 The Practitioner and/or Assisting Staff may use common areas of the Premises, such as waiting rooms and bathrooms, in conjunction with their use of the Room.

5.12 The Practitioner and/or Assisting Staff must maintain public liability insurance in the amount of no less than $20 million for any one claim, covering their use of the Room.

5.13 We may immediately terminate a Practitioner's right to book Rooms if:
(a) the Practitioner and/or Assisting Staff breaches any term of this Agreement relating to Room use; 
(b) the Practitioner's and/or Assisting Staff’s account on our Platform is suspended or terminated for any reason.

5.14 Nothing in this Agreement confers on the Practitioner and/or Assisting Staff any rights as a tenant of the Premises or creates a relationship of landlord and tenant between the Parties with respect to the Room or Premises.

6. Lead Referrals

6.1 We may provide patient leads (Leads) to Practices based on Patient inquiries and Platform activity.

6.2 Practices agree to maintain the confidentiality of all Lead information and use it solely for the purpose of providing healthcare services.

6.3 Practices must respond to Leads within 2 Business Days.

6.4 We will provide Practices with monthly reports detailing:
(a) number of Leads provided;
(b) conversion rates (Leads to Consultations);
(c) total Lead Generation Fees charged for Lead generation.

6.5 Practices may dispute Lead quality or charges within 14 days of receiving the monthly report.

6.6 We reserve the right to adjust Lead generation algorithms and processes to maintain Lead quality.

7. Assisting Staff Services

7.1 Assisting Staff services may be booked as part of a Practitioner's Consultation, where the Assisting Staff member will provide supporting services during the Consultation.

7.2 Certain Assisting Staff services may also be booked separately, subject to the specific offerings of each Practice.

7.3 When Assisting Staff services are provided as part of a Practitioner's Consultation, the charges for these services will be included in the overall Consultation fee set by the Practitioner or Practice.

7.4 For separately booked Assisting Staff services, the charges will be clearly displayed at the time of booking.

7.5 Where Assisting Staff services are included in a Practitioner's Consultation, the Platform Fee will be calculated based on the total Consultation fee.

7.6 Practices are responsible for ensuring that all Assisting Staff services offered through the Platform comply with relevant healthcare regulations and standards.

8. Platform Fees

8.1 In consideration for providing our Platform, we charge the following fees (Fees):

(a) Consultation Fee:

(1) 15% (excl. of GST) of the Consultation price, charged to Practitioners ( 50 to 100 hrs in a month );

(2) 12.5% (excl. of GST) of the Consultation price, charged to Practitioners ( more than 100 hrs in a month );

(b) Assisting Staff Service Fee:2.5% (excl. of GST) of the price for standalone Assisting Staff services, charged to the Practice or the Assisting Staff member, as applicable.

(c) Room Booking Fee:2.5% (excl. of GST) of the Room Booking price, charged to Practices; and

(d) Lead Generation Fee: First 50 referral free, post 50, 5% (excl. of GST) for any Patient referred to a Practice, charged to the Practice.

8.2 All Fees will be automatically deducted from payments processed through the Platform before distribution to Practitioners, Practices or Assisting Staff.

8.3 Medicare Services: Where Practitioners provide Services that attract Medicare benefits:
(a) Platform Fees may be directly debited from the Practitioner’s designated bank account;
(b) Practitioners authorise us to deduct Platform Fees directly from their designated bank account for Medicare-eligible Consultations;
(c) such direct debits will occur within 7 business days of the consultation being completed; and
(d) Practitioners must maintain sufficient funds in their designated account to cover Platform Fees for Medicare-eligible Consultations.

9. Payments

For Patients Only

9.1 All monies paid by Patients for Consultations and services will be held by us in a bank account separate from our day-to-day operational account. We act as a limited payment collection agent for Practitioners and Assisting Staff.

9.2 You must pay all amounts due for Consultations at the time of booking, unless otherwise specified on our Platform.

9.3 You must not pay, or attempt to pay, any fees due under these Terms or as a result of your use of our Services by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third-party payment processor to debit your bank account, and you confirm that you are either the holder or an authorised signatory of that bank account.

9.4 We may pre-authorise or charge your payment method for a nominal amount to verify the payment method.

9.5 Taxes: You are responsible for paying any levies or taxes associated with your use of our Services, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).

For Practitioners, Practices, and Assisting Staff

9.6 All monies paid by Patients for Consultations and by Practitioners for Room Bookings will be held by us in a bank account separate from our day-to-day operational account. We act as a limited payment collection agent for Practitioners, Assisting Staff, and Practices.

9.7 We will distribute payments to Practitioners, Assisting Staff, and Practices on a weekly basis for all Consultations conducted and Room Bookings made in that period, less any Fees and other amounts to be deducted in accordance with these Terms.

9.8 Practitioners and Assisting Staff will only be paid for Consultations where Patients have made payment. Practices will only be paid for Room Bookings where Practitioners have made payment.

9.9 The payment distribution process is as follows:
(a) we collect the full Consultation fee from the Patient at the time of booking or as otherwise specified in the listing; 
(b) we collect the full Room Booking fee from the Practitioner at the time of booking or as otherwise specified in the listing;
(c) we deduct our applicable Fees as set out in clause 8.1;
(d) we distribute the remaining amounts to the Practitioner, Assisting Staff, or Practice within 2 business days after the end of each weekly period.

9.10 For Lead Generation Fees:

(a) we will calculate the Lead Generation Fee based on Consultations resulting from leads provided to Practices;
(b) we will deduct the Lead Generation Fee from the payments due to the Practice for Room Bookings; and
(c) if the Lead Generation Fees exceed the amounts due to the Practice, we may invoice the Practice for the difference.

9.11 Practitioners, Assisting Staff and Practices are responsible for providing and maintaining accurate bank account details for payment distribution. We are not responsible for payments that are delayed or misdirected due to incorrect bank account information.

10. Availability, Disruption and Downtime

10.1 While we strive to always make our Services available to you, we do not make any promises that these will be available 100% of the time. Our Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.

10.2 Our Services (including our Platform) may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.

10.3 We will try to provide you with reasonable notice, where possible, of any disruptions to your access to our Services.

10.4 You acknowledge and agree that:
(a) technology failures may impact Patient wellbeing, and you remain responsible for Patient care ensuring Patient safety is always maintained through your clinical expertise and established protocols. Your Patient care obligations are independent of any Platform or technology disruptions;
(b) we collaborate with trusted third-party software and service providers to enhance your experience. However, we cannot control or guarantee the performance of these external systems, and any issues arising from third-party integrations fall outside our direct responsibility;
(c) when utilising integrated third-party software or services, we encourage you to familiarise yourself with their Terms and functionality, as usage involves inherent technological considerations;
(d) as a best practice for healthcare operations, we recommend implementing robust backup systems and data retention procedures to safeguard critical Patient information and ensure continuity of care delivery.

11. Confidential Information and Personal Information

11.1 While using our Services, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means making sure that any Authorised Users, employees, contractors, professional advisors or agents of ours or yours only have access to confidential information on a ‘need-to-know basis’ (in other words, the disclosure is absolutely necessary), and that they also agree to not misuse or disclose such confidential information.

11.2 However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so.

11.3 We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on our website, and applicable privacy laws.

11.4 You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent).

11.5 Practitioners, Assisting Staff and Patients must not disclose Personal Information about each other to third parties unless authorised by these Terms or by law.

11.6 We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors). As part of our Services, we will also need to disclose information about Patients to Practitioners, Practices and/or Assisting Staff, and vice versa, so that they can connect and transact.

11.7 Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.

12. Consumer Law Rights

12.1 In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms. Our liability for a breach of your Consumer Law Rights is, unless the laws of your jurisdiction state otherwise, limited to either resupplying our Services, or paying the cost of having our Services resupplied.

12.2 Subject to your Consumer Law Rights, we do not provide a refund for a change of mind or change in circumstance.

12.3 If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

12.4 Patients may have Consumer Law Rights in respect of Consultations provided by Practitioners and Assisting Staff, and services facilitated through our Platform.

Cancellations and Refunds between Practitioners, Assisting Staff and Patients

12.5 The cancellation and refund of any amounts paid for Consultations and services is primarily a matter between Practitioners or Assisting Staff and Patients.

12.6 Practitioners and Assisting Staff must clearly set out their cancellation and refund policies in their profile or Consultation listings on our Platform. Patients agree to review and abide by the cancellation and refund policies of the Practitioner or Assisting Staff when booking a Consultation.

12.7 If a Practitioner or Assisting Staff member fails to deliver a Consultation or services to a Patient, and the Patient has made a reasonable effort to communicate with the Practitioner or Assisting Staff about the unfulfilled Consultation or services, we may, at our discretion:
(a) process a refund of any Consultation fee paid by the Patient in respect of the unfulfilled Consultation or services; and/or
(b) assist in rescheduling the Consultation.

12.8 Any Fees for our Services charged to Practitioners or Assisting Staff who do not fulfill their Consultations are still due to us even where we have refunded Patients. These Fees are a debt due and payable by the Practitioner or Assisting Staff to us, which we may deduct from any future payments processed through our Platform.

12.9 We reserve the right to:
(a) mediate any disputes regarding refunds or cancellations between Patients and Practitioners or Assisting Staff; 
(b) make final decisions on such matters in accordance with these Terms and applicable laws; and
(c) suspend or terminate the accounts of Practitioners or Assisting Staff who repeatedly fail to fulfill Consultations or who abuse the cancellation and refund process.

13. Intellectual Property and Data

13.1 We own all intellectual property rights in our Services (including our Platform). This includes how our Platform looks and functions, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on our Platform.

13.2 We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.

Your Data

13.3 We do not own any of Your Data, but when you enter or upload any of Your Data into our Platform, you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data while you have an Account with us (and for a reasonable period of time afterwards). We may use Your Data (or disclose it to third party service providers) to:
(a) supply our Services to you and your Authorised Users (for example, to enable you and your Authorised Users to access and use our Services), and otherwise perform our obligations under these Terms;
(b) diagnose problems with our Services;
(c) improve, develop and protect our Services;
(d) send you information we think may be of interest to you based on your marketing preferences;
(e) perform analytics for the purpose of remedying bugs or issues with our Platform; or
(f) perform our obligations under these Terms (as reasonably required).

13.4 You acknowledge and agree that because of the nature of the internet, the processing and transmission of Your Data by us may occur over various networks, and may be transferred unencrypted.

13.5 You are responsible for (meaning we are not liable for):

(a) the integrity of Your Data on your systems, networks or any device controlled by you or your Authorised Users; and

(b) backing up Your Data.

13.6 When you use our Services, we may create anonymised statistical data from Your Data and usage of our Services (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve our Services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make underlying portions of Your Data identifiable.

13.7 If you do not provide Your Data to us, it may impact your ability to receive our Services.

14. Liability

14.1 The Practitioner and/or Assisting Staff agrees to indemnify us against any Liability arising from or in connection with their use of the Room, including any damage to the Room or injury to Patients occurring during their booked time slot.

14.2 Practitioners, Assisting Staff, and Practices agree to indemnify us and hold us harmless in respect of any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with:
(a) any Patient or other third party claim, suit, action or demand brought against us or you in connection with your practice or your provision of health services to Patients; or
(b) attending or responding to any patient or other third party complaint, inquiry, inquest or commission (including a coronial inquest) in connection with your provision of health services to Patients.

14.3 To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with:
(a) any aspect of the interactions between Practitioners, Assisting Staff, Practices and Patients, including in relation to any Consultations, Room Bookings, or Lead Referrals;
(b) your computing environment (for example, your hardware, software, information technology and telecommunications services and systems)including any failure, error, or malfunction of third-party software or services integrated with or accessed through our Platform, any medical scribing, transcription, or other automated tools, or your reliance on any technology or software tools provided by third parties; or
(c) any use of our Services by a person or entity other than you or your Authorised Users. 

14.4 Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:
(a) neither we or you are liable for any Consequential Loss; 
(b) a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate its loss; 
(c) (where our Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and
(d) our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to AU$1,000.

15. Notice Regarding Apple

15.1 To the extent that you are using or accessing our Platform on an iOS device through a mobile application from the Apple App Store, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for our Platform and any content available on our Platform.

15.2 Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.

15.3 If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

15.4 Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to: (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

15.5 Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

15.6 You agree to comply with any applicable third-party terms when using our mobile application.

15.7 Apple and Apple subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

15.8 You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties

16. Suspension and Termination

16.1 We may suspend your access to our Services where we reasonably believe there has been any unauthorised access to or use of our Services (such as the unauthorised sharing of login details for our Platform). If we suspend your access to our Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate your Account and your access to our Services will end.

16.2 We may terminate these Terms (meaning you will lose access to our Services, including access to your Account) if:
(a) you or your Authorised Users breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;
(b) you or your Authorised Users breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;
(c) you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement).

16.3 You may terminate these Terms if:
(a) we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or
(b) we breach these Terms and that breach cannot be remedied.

16.4 You may also terminate these Terms at any time by notifying us through your Account or to our email for notices (as set out in clause 17.9), and termination will take effect immediately.

16.5 We may terminate these Terms and your Account if your Account remains inactive for a continuous period of 20 days or more, provided that we may (but are not obligated to) send you a notification before termination takes effect. For the purposes of this clause, "inactive" means no login activity, no use of our Services, and no communication with us regarding your availability.

16.6 Continuity of Care on Termination: Practitioners whose Accounts are terminated or who cease using the Platform must:
(a) provide at least 30 days’ notice to affected Patients where clinically appropriate;
(b) arrange appropriate clinical handover for ongoing Patient care;
(c) ensure no Patient is left without access to necessary follow-up care;
(d) comply with all professional obligations regarding Patient abandonment; and
(e) work with our Chief Medical Officer and other Practitioners on the Platform to facilitate Patient care transitions where required.

16.7 Upon termination of these Terms:
(a) we will retain Your Data (including copies) as required by law or regulatory requirements;
(b) for Practitioners and Assisting Staff:

(1) their existing Consultation and services listings will be removed from the Platform;
(2) any scheduled Consultations or services not yet provided will be cancelled; 

(3) Patients will be notified of the cancellation and refunded for any cancelled Consultations or Assisting Staff services they have paid for;
(c) For Practices:

(1) their existing Room listings will be removed from the Platform; 
(2) any Room Bookings not yet fulfilled will be cancelled; 
(3) Practitioners or Assisting Staff who have booked these Rooms will be notified and refunded for any cancelled Room Bookings they have paid for; 

(d) for Patients:

(1) any scheduled Consultations not yet provided will be honoured; 

(2) in cases where Consultations cannot be honoured due to Platform access requirements, a refund will be processed according to the cancellation policy of the relevant Practitioner or Assisting Staff; 
(3) any ongoing Lead Referral arrangements with Practices will be terminated, and no further Leads will be provided; 
(4) we will cease providing all Services, including access to the Platform.

16.8 Termination of these Terms will not affect any other rights or liabilities that we or you may have.

17. General

17.1 Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.

17.2 Disputes between Practitioners and Patients: We encourage Practitioners, Practices, Assisting Staff and Patients to attempt to resolve disputes (including claims for refunds or remedies) directly and in good faith, either through our Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, Practitioners, Practices, Assisting Staff and Patients may choose to resolve the dispute through other means, such as mediation. We are not responsible for mediating or resolving disputes between Practitioners, Practices, Assisting Staff and Patients.

17.3 Disputes with Raiqa Health: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
If the Dispute is not resolved at that initial meeting:
(a) where you are resident or incorporated in Australia, refer the matter to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation; or
(b) where you are not resident or incorporated in Australia, refer the matter to arbitration administered by the Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in Brisbane, Queensland, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules.

17.4 Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including our Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.

17.5 Governing law: These Terms are governed by the laws of Queensland, and any matter relating to these Terms is to be determined exclusively by the courts in Queensland and any courts entitled to hear appeals from those courts. 

17.6 Illegal Requests: We reserve the right to refuse any request for or in relation to our Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.

17.7 Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.

17.8 Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.

17.9 Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address registered against your Account.

17.10 Survival: Clauses 11 to 17 will survive the termination or expiry of these Terms.

17.11 Third Party Sites: Our Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations in relation to the suitability of those websites. If you purchase goods or services from a third party website linked from our Platform, those goods or services are being provided by that third party, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link on our Platform, or for featuring certain goods or services on our Platform. We will make it clear by notice to you which (if any) goods or services, or website links, we receive a benefit from by featuring them on our Platform. 

18. Definitions

18.1 In these Terms:

Account means an account accessible to the individual or entity who signed up to our Services, under which Authorised Users may be granted with access.

Assisting Staff means healthcare professionals such as nurses, medical assistants, or technicians who support Practitioners in providing healthcare services.

Authorised User means a user that you have invited to use the Platform through your Account.

Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us any amounts for access to or use of our Services (including our Platform) will not constitute “Consequential Loss”.

Consultation means a healthcare appointment or service provided by a Practitioner to a Patient through the Platform.

Consultation Fee means the Consultation price, charged to Practitioners for each Consultation booked through the Platform.

Lead means patient information provided to Practices through the Platform for potential new patients.

Lead Generation Fee means the fee charged to Practices for any Patient referred to a Practice through the Platform.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.

Patient means an individual seeking health services through the Platform.

Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.

Platform means our cloud-based platform that we provide you with access to as part of the Services.

Practice means a healthcare practice or facility that lists practitioners and/or rooms on the Platform.

Practitioner means a registered healthcare professional who is qualified to provide medical or healthcare services directly to Patients. 

Premises means the physical location where a Room is situated, which may include a medical centre, clinic, hospital, or other healthcare facility.

Room means a physical space within Premises that is listed on the Platform for booking by Practitioners or Assisting Staff for the purpose of conducting Consultations.

Room Booking means the reservation of a physical space for healthcare services through the Platform.

Room Booking Fee means Room Booking price, charged to Practices for each Room Booking made through the Platform.

Services means the services we provide to you, as detailed in clause3.

Your Data means the information, materials, logos, documents, qualifications and other intellectual property or data supplied by you and your Authorised Users when receiving our Services or stored by or generated by your use of our Services, including any Personal Information collected, used, disclosed, stored or otherwise handled in connection with our Services. Your Data does not include any data or information that is generated as a result of your usage of our Services that is a back-end or internal output or an output otherwise generally not available to users of our Services.