Terms of Use | Zali Health

Patient terms of use

The Zali Health (including as accessed through our website, and any related services) (Platform) is operated by Zali Health Pty Ltd (ABN 30 659 469 182) Heidi Health Trading Pty Limited (ABN 84 649 783 871) (Heidi, we, us, our) and our affiliates.

By accessing and/or using the Platform, including as made available to you by a medical practice or clinic, you agree to these terms (Terms) and confirm that you have the power and authority to enter into, be bound by, and deliver and perform the obligations under, these Terms.

You must not use the Platform if you do not agree to these Terms. You should review the Terms carefully and immediately cease using the Platform if you do not agree to the Terms.

1. Accounts and registration

1.1. Platform overview

The Platform is not intended for, and should not be used for, the purposes of emergency medical situations or medical conditions requiring immediate treatment. If you think that your relevant complaint or condition is an emergency you should contact the appropriate emergency services.

The Platform is intended for use by users currently located within Australia and should not be used if the user is overseas or outside an Australian jurisdiction.

The Platform facilitates the delivery of healthcare services by:

enabling you to undertake a dynamic intake questionnaire in relation to a medical complaint or symptoms (Questionnaire);
enabling you to be connected to appropriate qualified medical practitioners who have registered on the Platform (Practitioners), where you have provided your consent;
providing Practitioners with a summary report as to potential diagnoses based on your responses to the Questionnaire, where you have provided your consent; and
arranging the delivery of healthcare services to you by Practitioners and their relevant medical clinic (Clinic), including the delivery of in-person consultations, telehealth consultations, a-synchronous chat consultations, amongst other services, which may occur inside of or outside of the Platform (as one or more is applicable) (Practitioner Services).

1.2. Accounts

To access the Platform as a ‘Patient’, you must register for, and hold, a Zali Health Patient account suitable for your use of the Platform (Account). You must not create an account on behalf of another person. To create an account, you must:

be at least 16 years of age;
understand how these Terms will apply to you, and possess the right and ability to enter into a legally binding agreement with us; and
agree to only use the Platform in accordance with these Terms.

1.3. Registration process

As part of registering for, and activating, your Account, you will provide us with personal information, including your full name, date of birth and contact details (such as your email and phone number). We collect your personal information to operate our business and the Platform and ensure the Platform remains safe and secure.

In additional to the information above, we may collect sensitive information (including health information) from you in order to establish your medical history on the Platform.

We will use and disclose your personal information (including sensitive information and health information) for the purposes of operating our business, the Platform, other Zali Health services (when you use them) and as otherwise described in our Privacy Policy.

You must ensure any information you provide us, including in relation to registrations is accurate and current.

1.4. Account security

When you register and activate your Account, you can choose your username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under your Account on the Platform.

1.5. Cancellation and suspension

You may cancel or suspend your Account at any time through your account settings on the Platform or by emailing support@zalihealth.com.au. Where you cancel or suspend your Account, you will no longer be entitled to access or utilise the Platform until you re-activate your Account.
We may restrict, suspend or terminate your Account or your access to the Platform, including any material (including all text, graphics, logos, audio and software) made available through the Platform (Content), or any feature of the Platform at any time, provided that we will seek to provide you with reasonable notice of such restriction, suspension or termination where practicable and having regard to the nature and circumstances of any potential breach of these Terms.
Without limiting paragraph (b), we may immediately suspend or cancel your Account or access to the Platform if:
1. you are, or we reasonably suspect that you are in breach of these Terms or any applicable law;
2. we reasonably believe that Zali Health or our affiliates are, or are likely to be, in breach of law or brought into disrepute, as a result of the provision of, or your use the Platform; or
3. we are required to do so in order to comply with an order, instruction or request of a regulatory authority.
To the extent permitted by law, we will not be responsible for any loss, cost, damage or liability that may arise as a result of our cancellation or suspension of your Account or access to the Platform.
If your Account is cancelled, to the extent permitted by law, we may in our discretion, delete any data, content or materials has been provided us in connection with your Account.

1.6. Website usage:

For accessibility and usage of this Website and Content you must not:

Violate any applicable laws or access the website or content for any unlawful purpose;
Distribute software of programs detrimental to the device hardware or software, such as viruses, spyware or corrupted files;
Collection, storage and distribution of unauthorised personal data;
Engage in conduct that inhibits other consumers from accessing the website.

1.7 Linking to this Website

Permission to link to this website is granted on the basis that it is restricted to no alteration of the content within the website;
The website cannot reproduce, frame or reformat any of the content including files, pages, information, images and materials;
Unless written permission is obtained from Zali Health;
Zali Health reserves the right to prevent linking.

2. Third Party Links and Tools:

The Website may contain tools such as the Digital Health Chat Virtual Assistant, Monsido PageAssist accessibility widget, Google translation service and links to other websites. These websites include social media and video hosting websites such as Twitter and YouTube, controlled by and/or produced by third parties. Access to any third-party links or tools is at your own risk.
Zali Health makes no representation or warranty, expressed or implied, as to the accuracy of, adequacy, completeness, merchantability, fitness for a particular purpose or non-infringement of third parties’ rights by any available linked website or tools materials. Zali Health bears no responsibility for the content stored within third parties’ tools and links. The tools and links are provided in good faith for the convenience of the consumer and may not remain relevant or current.
Zali Health makes no representations to the referred tools and/or links as an endorsement or recommendation. Zali Health bears no responsibility for the opinions, statements, services or other content available on or through third party tools and/or links and is the respective author(s) responsibility unless stated.
Zali Health bears no responsibility for the content input or data usage of a third-party tool and/or link and any of its transactions. Tools and links from a third-party are subject to their own Terms of Use which you must acknowledge and comply with. The consumer is responsible for being aware of the host of a website they visit from a tool and/or link from the website.
Health professionals and care providers are subject to the relevant terms of the portal when accessing Zali Health Record.

Services through the platform

2.1. Charges

To arrange the Practitioner Services or other services through the Application, you must follow the relevant prompts on the Platform. By making a booking with a Practitioner, or arranging other services, you will become liable for certain fees and charges, including in relation to the Practitioner Services, other service fees and cancellation fees charged by us, the relevant Practitioner and/or the relevant Clinic (Patient Charges). You acknowledge that there may be additional Patient Charges that you will be required to pay, as notified to you through the Platform or otherwise.

You agree and acknowledge that Zali Health will generally require you to pay the total amount relating to the Practitioner Services delivered, or expected to be delivered, by a Practitioner (Consultation Fee) in connection with the Platform prior to your consultation. You may become liable for additional amounts (or lesser amounts) depending on the Practitioner Services that are delivered to you by the Practitioner. For the avoidance of doubt, the Consultation Fee includes amounts which may be subject to a claim for reimbursement of the Medicare rebate amount in relation to Practitioner Services made on your behalf (Medicare Claim).

2.2. Medicare

If the relevant Practitioner and/or Clinic has agreed for Zali Health to arrange Medicare Claims on your behalf, you acknowledge that:

Zali Health may be provided with the relevant information and authorisations to make a Medicare Claim on your behalf; and subject to you and your relevant Practitioner and/or Clinic providing all necessary information and authorisations in order to make such a claim, Zali Health will arrange for a Medicare Claim to be submitted to Medicare following which you will, if entitled, receive the applicable Medicare rebate amount directly from Medicare.

2.3. Private billing and private health insurance

Unless otherwise notified to you, you acknowledge that (where applicable):

Zali Health will only facilitate private billing arrangements. Medicare bulk billing will not be facilitated by Zali Health or through the Platform; and
Zali Health will not facilitate or arrange private health insurance claims in connection with your use of the Platform.

2.4. Third party agreements

You agree and acknowledge that Zali Health may receive certain payments or other benefits from Practitioners, Clinics, and other third parties who deliver services to you, in exchange for our services in relation to the Platform.

3. Privacy

3.1. Collection Notice

We collect, use, disclose and handle personal information about you in the manner and for the purposes set out in these Terms (in particular, clauses 1.3 and 3.3) and our Privacy Policy at here. Our Privacy Policy explains how: (i) we store and use, and how you may access and correct your personal information; (ii) you can lodge a complaint regarding the handling of your personal information; and (iii) we will handle any complaint. If you would like any further information about our Privacy Policy or practices, you can get in touch with us at support@Zalihealth.com.au.

3.2. Your consent

By holding an Account and providing personal information to us, you consent to the collection, use, storage, disclosure and other handling of that information as described in these Terms and our Privacy Policy.

We may also ask you to consent to additional activities in relation to your personal information from time to time.

3.3. Your health information

Where you book or undertake a consultation with a Practitioner in connection with the Platform (Consultation), you agree and acknowledge that:
1. the Practitioner (and their relevant Clinic) may make available to us personal information (including health information) about you; and
2. We may collect personal information and sensitive information (including health information) about you,
3. for the purposes of establishing your medical history and facilitating the delivery of healthcare services to you.
By booking and undertaking a Consultation, you consent to the collection, use, storage, disclosure and other handling of that information by the Practitioner and us as described in these Terms and our Privacy Policy.
You further acknowledge that:
1. during a Consultation we may make an audio or audio-visual recording of your Consultation (Consultation Recording); and
2. following a Consultation, a Practitioner may disclose or make available certain information to us (which may include a summary of the treatment, diagnosis or other action taken or recommended in relation to you by the Practitioner) (Treatment Summary).
Heidi may de-identify the information contained in the Consultation Recording and Treatment Summary and use such information for the purposes of research, better understanding health and treatment patterns, developing the Platform, and as otherwise described in our Privacy Policy (De-identified Use).
Heidi will take reasonable steps to ensure that information that is de-identified under this clause 3 cannot be reverse-engineered, re-identified, or linked back to you by third parties.
Without limiting clause 2, you must promptly notify us at support@zalihealth.com.au to update your Account settings if you do not consent to the collection, use, storage and disclosure of personal information or De-identified Use as contemplated by this clause 3.3.

4. Accuracy, completeness and timeliness of information

We use all reasonable attempts to ensure the accuracy and completeness of the information on the Platform and the Content, and security of the Platform, however the information on the Platform is not comprehensive, and material we provide is intended to provide a summary of the subject matter covered.

Notwithstanding this, to the maximum extent permitted by law, including the Australian Consumer Law which forms part of the Competition and Consumer Act 2010 (Cth) (ACL), we make no warranties or representations about the Platform or the Content, including warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that the Platform will be secure.

To the extent permitted by applicable law, including the ACL, we are not liable to you or anyone else:

for any interference with or damage to your computer systems occurs in connection with the use of the Platform or a linked website; or

if errors occur in the information on the Platform or if that information is not up-to-date. We may, from time to time and without notice, change or add to the Platform or the information, or services described in it. However, despite best efforts, we cannot guarantee the Platform is always updated with the very latest information.

5. Linked sites and resources

Our Platform may contain links to websites and resources (including emergency medical resources) operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites, and have no control over or rights in those linked websites.

6. Intellectual property rights

6.1. Content

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Platform and in Content.

Your use of and access to the Platform and any Content does not grant or transfer any rights, title or interest to you in relation to the Platform or the Content. However, we do grant you a licence to access and use the Platform and view the Content solely for your personal non-commercial use (including in facilitating the delivery of healthcare by a Clinic or Practitioner to you or a person in your direct care), on the provisions of these Terms and as otherwise expressly authorised by us and/or our third-party licensors.

You must not access or use the Platform or view Content for any other purpose, or otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within the Platform.

6.2. Licence

To enable Zali Health to use your information, so that we are not violating any rights you might have in that information (including any intellectual property rights), you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to do and authorise the doing of all acts comprised in the copyright, and to exercise the publicity, and database rights (but no other rights) you have in your information, for the legitimate business purposes of Zali Health and its affiliates.

6.3. Feedback

You may, from time to time, provide us with ideas, know-how, methodologies, comments or suggestions relating to the Platform and our services (Feedback). If you do:

all intellectual property rights in the Feedback, and anything created as a result of that Feedback (including new material, enhancements, modifications or derivative works) vest in, and are owned solely by, us; and

we may use or disclose the Feedback for any purpose.

7. Use of platform

7.1. General

You are responsible and liable for actions you, or others using your Account, take in relation to the Platform. You must comply with these Terms in full at all times.
Except as otherwise permitted under these Terms, you must not:
1. distribute, sub license or otherwise transfer all or any part of the Platform to any other person;
2. grant any security interest over the Platform;
3. attempt to disassemble, decompile or otherwise reverse engineer the Platform, except as permitted by the Copyright Act 1968 (Cth);
4. alter, customise, modify or create derivative works of the Platform;
5. expose the Platform, or any data to reasonably avoidable cyber risks;
6. remove, obliterate or alter any proprietary notice on the Platform;
7. supply inaccurate data to Zali Health or any other person through the Platform;
8. do any act that would have an adverse impact on the reputation or standing of Zali Health; or
9. do any act that is unlawful or prohibited by any laws applicable to the Platform, including uploading files that contain viruses that may cause damage to our property (including the Platform and related systems) or the property of other individuals.

7.2. Emergency Use

You agree that the Platform and any Content, are not intended or designed for the handling of emergency medical situations or medical conditions requiring, or likely to require, more immediate treatment than generally can be arranged through the Platform (Emergency Situation).
Without limiting paragraph (a), you acknowledge that:
1. while the Platform may in some cases restrict you from making a booking through the Platform, including where Zali Health or the Platform considers that you are likely to be in an Emergency Situation, Zali Health does not undertake to prevent or otherwise restrict patients in Emergency Situations from making a booking through the Platform or receiving Practitioner Services;
2. as between you and Zali Health, you acknowledge that Practitioners and their relevant Clinic are responsible for ensuring that you are triaged and treated in accordance with applicable professional obligations and laws; and
3. to the extent that any Content (including a Patient Report) or any other information provided by you or the Platform suggests that the relevant booking made by you is or may be inappropriate (including where not consistent with Practitioners’ professional obligations), Practitioners (or their relevant Clinic) may contact you or take other actions to ensure that you receive appropriate medical care.
Without limiting clause 9, you agree that to the extent permitted by law, Zali Health will not be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered as a result of any act or omission of Zali Health, the Platform, Practitioners, a Clinic, or other third parties in relation to the medical treatment arranged or not arranged through or in connection with the Platform.

8. Platform limitations

8.1. Technical requirements

You acknowledge that you are responsible for ensuring that the device you use to access the Platform meets any technical requirements of the Platform.

8.2. No professional medical or healthcare advice

You agree that, between you and Zali Health, the Platform and the Content do not:
1. constitute professional medical or healthcare advice, diagnosis or recommendation of treatment and are not intended to, nor should they be used to, replace professional medical advice. In no circumstances should any Content be relied upon without independent consideration and confirmation by a qualified medical practitioner, such as your relevant Practitioner;
2. directly assess, maintain or improve the physical, mental or emotional health of you; or
3. directly diagnose or treat your illness or disability.
Zali Health makes no representations or warranties with respect to any treatment, action, suitability or application of medication or preparation by any person, including Practitioners as part of the Practitioner Services, whether based on the Content or not. To the extent permitted by law, in no circumstances will Zali Health be liable for any direct, indirect, consequential, special, exemplary or other damages arising from the same. The responsibility for medical care between you and your Practitioner in respect of their provision of Practitioner Services to you is not affected by this clause.

9. Liability

9.1. Disclaimer

To the maximum extent permitted by applicable laws, including the ACL, the Platform and Content are provided “as is” without warranty or guarantee of any kind, and we will not be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered:

due to your use of the Platform, and/or the information or materials contained on or made available through it (including the Content);
as a result of the inaccessibility of the Platform;
as a result of the fact that certain information or materials contained on the Platform (including the Content) are incorrect, incomplete or not up-to-date; and/or
as a result of any act or omission of a Practitioner, their relevant Clinic, or any third party. For the avoidance of doubt, Zali Health will not be liable to you in relation to any supply or failure to supply Practitioner Services in connection with the Platform.

9.2. Zali Health liability cap

Without limiting clause 9.1, to the extent permitted by law, the aggregate liability of the Zali Health for loss sustained by you in connection with these Terms (whether under statute, in contract or in tort, including for negligence, or otherwise) is limited to $100.

9.3. Jurisdiction and governing law

The laws of New South Wales, Australia govern these Zali Health Website Terms of Use.

You agree to indemnify and hold Zali Health and its related bodies corporate harmless from any claim or demand (including legal fees) made by any third party arising out of, or in connection with, your use of the Website, Content or breach of the Zali Health Website Terms of Use.

9.4. Updates

We may (in our sole discretion) modify, update or replace any or all of these Terms from time to time by providing reasonable and, where practicable, 30 days’ prior written notice of the update to the Terms, including details of the relevant changes.

This notice may be provided via notification on the Platform or via other methods. Where the change materially and detrimentally affects:

the Platform; or
your rights and obligations under these Terms,
you will be entitled to terminate these Terms and/or your Account through your Account settings on the Platform or by emailing support@Zalihealth.com.au. Continued use of the Platform following the reasonable notice period and implementation of the update shall be deemed acceptance of the new updated Terms.

10. Relationship of parties

These Terms do not constitute any partnership, trust, agency, joint venture or employment relationship between the parties. For the avoidance of doubt, nothing in these Terms nor the Platform establish, or are intended to establish, a patient-doctor relationship (or otherwise a relationship in which a duty of care exists), as between the parties.

Neither party has the authority to act, contract or to incur any obligation or responsibility on behalf of the other party except as provided in these Terms.

11. General

Your Account is personal to you, and you may not permit any other person to use your Account or transfer, assign or sub-contract or sub-licence or otherwise dispose of any of your interests, rights or obligations under these Terms.

If we are partially or wholly precluded from complying with our obligations under these Terms by any event, matter or circumstance that is beyond our reasonable control, then our obligation to perform will be suspended for the duration of the delay arising out of that event, matter or circumstance and we will not be liable for failure to perform our obligations.

Nothing in these Terms or any circumstances associated with it or its performance give rise to any relationship of partnership, principal and agent, or employer and employee and you have no right to assume or create any obligations of any kind, express or implied, in the name of or on behalf of us.

These Terms constitutes the entire agreement between us relating to the subject matter of these Terms and supersedes and cancels any previous agreement, understanding or arrangement whether written or oral.

If any part or provision of these Terms are invalid, unenforceable or in conflict with the law, the invalid or unenforceable part or provision will be replaced with a provision which, as far as possible, accomplishes the original purpose of the part or provision. The remainder of these Terms will be binding on the parties.

Get Care