Terms and conditions
1 General statement
1.1 Health& Pty Ltd (ABN 45 153 743 643) (Health&, we, us or our) owns and operates the website and the content located at www.healthand.com (Website).
1.2 These terms and conditions (Terms and Conditions) govern the relationship between Health& and consumers (you or your) who:
- Use and navigate the Website (Website);
- View, print and/or share general health reports (General Reports) and animations;
- Use the Ask Question feature (Ask Questions);
- Become a member of Health& by creating an Account with us (Account);
- Use and access the MyHealth feature (MyHealth);
- Use and access the Doctor Check-up feature (Doctor Check-up), and;
- Collectively, use any of these features (Website Features).
1.3 By visiting the Website and using the Website Features (including by accessing any linked pages or information owned by Health&, you agree to be bound by and abide by these Terms and Conditions and any other applicable terms and conditions that we require you to agree to. If you do not accept these Terms and Conditions, or any other applicable terms and conditions, you must refrain from using the Website and its Website Features.
2 This Website does not provide medical advice
2.1 The information contained on the Website and provided as part of the Website Features:
- Is not medical advice and is provided for educational and information purposes only;
- Is not intended to make any claim in relation to therapeutic effect, and;
- Is not intended nor implied to be a substitute for medical advice, diagnosis and treatment from registered medical practitioners and healthcare professionals.
2.2 Health& does not engage in medical practice. Our aim is to provide you with education and information in relation to your health by reviewing your current situation and personal circumstances using the information you provide to us while using the Website and in relation to health generally.
2.3 Content contained in the Website and provided through the Website Features is not intended to be used to diagnose, treat, cure or prevent any disease or condition, or intended to be relied on for therapeutic purposes. No person should act in reliance on any statement contained in the content provided on the Website and the Website Features (except to consult a registered medical professional when recommended).
2.4 Reading content on the Website or using any of the Website Features will not create a doctor-and-patient relationship between Health&, or any entity or person associated with Health&, and you.
2.5 Health& is not associated or aligned with any medical clinic or drug/pharmaceutical company.
2.6 If, after using any of the Website Features, you have any questions concerning the suitability or appropriateness of any of the information provided to you, you should consult your registered medical practitioner or healthcare professional.
2.7 You should not delay or disregard seeking medical advice, or cease or commence pursuing a particular course or form of treatment on the basis of any information provided to you on the Website, or conveyed to you as part of any of the Website Features. Your registered medical practitioner or healthcare professional is responsible for diagnosing you and advising you of the appropriateness or suitability of treatment options for you.
2.8 Health& does not give any warranty that the information it provides on the Website or as part of any of the Website Features is accurate; however, we maintain and implement a policy of not knowingly posting or publishing health content that either contains false or misleading claims, or promotes ineffective or dangerous products. All information provided in the Website and as part of the Website Features are subject to you obtaining appropriate medical advice.
3 Using the Website
3.1 Your use of the Website and participation in the Website Features is voluntary and any information, personal or otherwise, contributed to the Website is provided voluntarily by you. You may discontinue your use of, and your participation in, the Website or any Website Feature at any time. You agree that:
- You must ensure that your access to the Website is not illegal or prohibited by laws which may apply to you;
- You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Website or any linked website.
3.2 You acknowledge that, despite all reasonable precautions on our part, there is a risk of unapproved access to or alteration of your transmissions or data or of information contained on your computer system or on the Website. We do not accept responsibility or liability of any nature for any losses you may sustain as a result of such activity.
3.3 Unless we agree otherwise in writing, you are provided with access to the Website and Website Features only for your personal use. You are permitted to print a copy of any information contained on the Website, including a General Report for your personal use, unless such printing is expressly prohibited. You must not otherwise modify, copy, reproduce, republish, frame, upload, post, transmit, distribute or provide a link to the contents of the Website in any way, except as expressly permitted by the Website, or with the written permission of Health&. You may not without our written permission on-sell information obtained from the Website or any of the Website Features.
3.4 Access to the Website, including to your Account, may be terminated at any time by us without notice. These Terms and Conditions and any other applicable terms and conditions will survive any such termination.
3.6 You agree that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions, or by laws, which apply to you. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use of the Website. You may not obtain or attempt to obtain any materials or information through any means not made available or provided to you through the Website.
4. Creating an Account
4.1 In order to use some of the Website Features, you may be required to become a member of Health& by creating an Account with us and providing certain personal and sensitive information about yourself to Health&.
4.2 Creating an Account with us is free.
4.3 It is your responsibility to maintain the confidentiality of your Account information, including your username and password. In addition, you are responsible for all activities that occur in connection with your Account. To further safeguard your information, we recommend that you use a strong password and take care to protect it. You must tell us right away if anyone has used your Account without your consent, or any security breach that relates to your Account.
4.4 You agree to provide Health& with accurate, current and complete information about yourself as may be prompted by the Website as you use the Website and access your Account and you further agree to promptly update any such information to keep it accurate, current and complete.
4.6 Health& reserves the right to terminate your Account and/or prevent you from accessing the Website or your Account, with or without cause, at any time and in its reasonable discretion.
4.7 You may close your Account with Health& at any time by following the instructions on the Website.
5 Family members
5.1 If you have an Account, the Website provides the option to add nominated members of your family (Family members) under your account.
5.2 These Terms and Conditions, including clauses 4 and 6, apply equally to all individuals who become Family members.
6 Are you under 18 years of age?
6.1 If you are under the age of 18 (Minor), you can access all of the Website Features, except you are not entitled to create an Account. However, you can be a Family member of an Account holder aged 18 years or older, in accordance with clause 5.
6. 2 If you are a Minor and a Family member, you acknowledge that the other Family members and Account holder will be able to view and access the personal information that you share with the Website.
7. Link a device
7.1 As part of the link a device feature (Link a device), we will collect data or data may be provided from integrated third-part applications, programs and/or devices (Devices) that you may elect to use in connection with the Website.
7.2 When you choose to integrate a Device, you consent to provide us with access to some or all of the data and/or other information from the Device.
8 Liability and warranties
8.1 To the fullest extent permitted by law, and subject to clause 8.4 of these Terms and Conditions, we exclude all liability to you in respect of any loss or damage howsoever caused, which may be suffered or incurred by you and which may arise directly or indirectly in respect of:
- Your use of the Website or any linked website;
- Any content published on the Website or conveyed or provided to you on the Website or as part of any Website Feature;
- Your reliance, or the reliance of any third party, on any content published on the Website or conveyed or provided to you on the Website or as part of any Website Feature, including health or medical information uploaded to your Account;
- Any failure or omission on our part to comply with our obligations under these Terms and Conditions, and;
- Any negligent act or omission by us in the provision of the Website or any Website Feature or any other services to you.
8.2 Health& expressly excludes all liability for special, indirect or consequential loss or damage, including without limitation, loss of treatment opportunity, loss of anticipated savings, pure economic loss, loss of or damage to reputation or goodwill, or loss or damage associated with your health management or treatment, howsoever caused.
8.3 We make no representation or warranty in relation to:
- The operation or functionality of the Website;
- Any information published on the Website or conveyed or provided to you on the Website or as part of any Website Feature;
- Claims of therapeutic effect;
- The accuracy, suitability or appropriateness of information published on the Website or conveyed or provided to you on the Website or as part of any Website Feature, including health information uploaded to your Account, or;
- The fitness for purpose of the Website or any Website Feature, or any other goods or services supplied to you through the Website or through or as a result of a Website Feature.
8.4 To the extent that any warranties or guarantees implied by law are not capable of being excluded or modified, our total liability, including that of our employees, servants, agents and related entities (as that term is defined in the Corporations Act 2001 (Cth)) for breach of such warranties or guarantees is limited to one or the other of the following, at our option:
- If the breach relates to goods:
- the replacement of the goods supplied or the supply of equivalent goods, or;
- the payment of the cost of replacing the goods or of acquiring equivalent goods.
- If the breach relates to services:
- the supplying of the services again, or;
- the payment of the cost of having the services supplied again.
8.5 You warrant in favour of Health& that:
- You are at least 18 years of age and you possess the legal authority to enter into these Terms and Conditions;
- Your use of and access to the Website will be in accordance with these Terms and Conditions;
- You are responsible for your use of the Website and your participation in any Website Features;
- The information you provide to us when establishing or as part of maintaining your Account, and when using the Website and all Website Features, is and will remain, accurate and complete and not be misleading in any way;
- You will not act in reliance on, or permit or allow a third party to act in reliance on any content published on the Website or conveyed or provided to you on the Website, or as part of any Website Feature and;
- Any information posted by you on the Website or Pages, including reviews or comments in relation to Health&, will not:
- be harassing, threatening, illegal, defamatory or abusive to us or to others;
- contain viruses, worms, corrupted files, or any other similar software, programs or malicious content that may damage the operation of systems hosting the Website, or damage any other Website user’s computer, or;
- breach the intellectual property rights of Health& or any third party.
9.1 You release, indemnify and will keep indemnified Health& and each of our employees, agents, contactors, servants and agents and related entities against all actions, claims, penalties and demands (including the cost of defending or settling any actions, claims, penalties and demands), which we may incur or which may be instituted against us arising out of:
- A breach of these Terms and Conditions by you;
- Any wilful, unlawful or negligent act or omission by you; or
- Your use of the Website and any Website Feature, including:
- your use and dissemination of any information contained on the Website and in the Website Features in a manner that is contrary to that specified in these Terms and Conditions; and
- the publication by you of any material on the Website, or;
- the reliance by you or any third party on any content, including health information, published on the Website or conveyed or provided to you on the Website as part of any Website Feature.
10 Intellectual property
10.1 Unless otherwise specified, all intellectual property, including copyright, in the content of the Website and the Website Features (including text, graphics, logos, icons, sound recordings and software associated or used in connection with the Website and the Website Features) is owned or used under license by Health&. Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation, which applies in your jurisdiction, and except as expressly authorised by these Terms and Conditions, you may not in any form or by any means:
- Adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website or the Website Features; or
- Commercialize any information or services obtained from any part of the Website or the Website Features, without our written permission.
10.2 If you believe that any content on the Website infringes your copyright, you should contact us in accordance with clause 10 of these Terms and Conditions with the particulars of the alleged infringement, including the work you believe has been infringed, how and where the alleged infringement has taken place and your contact details.
11 Linked websites
11.1 The Website may contain links to other websites (Linked Websites). Those links are provided for convenience only and may not be accurate, current or maintained.
11.2 We are not responsible for the content or privacy practices associated with linked websites.
11.3 If a link to a Linked Website is not functioning, please notify us immediately of the details provided at clause 18 of these Terms and Conditions.
11.4 Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any content, information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary. We do however, develop, document, and follow specific policies and procedures for evaluating and choosing sites with which to link. Linked Websites are reviewed for appropriateness at least annually.
Health& may utilise cookies, which enable us to monitor traffic patterns and to serve you more efficiently if you revisit the Website. A cookie is a small file saved on your computer’s hard drive that does not identify you personally, but does identify your computer. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance. This may prevent you from taking full advantage of the website.
14 Governing law
These Terms and Conditions are governed by and construed in accordance with American and Australian state and federal laws – depending on where you originated your information – without regard to conflict of laws principles. By visiting and using this Website and its Website Features, you irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of the state of Illinois, the United States of America, or the State of Victoria, Australia (including the Federal Courts) – depending on where you originated your information – and the courts that hear appeals from those Courts (to the exclusion of the courts or tribunals of any other jurisdiction) in connection with any dispute or claim arising from these Terms and Conditions, the Website or the Website Features of the Website.
15.1 We reserve the right to amend these Terms and Conditions from time to time. Amendments will be notified on the Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the amended Terms and Conditions.
15.2 If any provision of these Terms and Conditions is found to be unenforceable for any reason, then that provision shall be deemed deleted from these Terms and Conditions and all other provisions shall remain in full force and effect.
15.3 Health& may assign its rights and obligations under these Terms and Conditions to any party at any time without notice to you.
15.4 No waiver by us of any breach of these Terms and Conditions operates as a waiver of any other breach, and the doing and/or omission of any act, matter or thing whatsoever by us, our related entities, employees or agents (which but for this clause ought or might amount to a waiver of our rights in respect of any such breach or default) does not operate as a waiver in any way of our rights and powers in respect of such breach or default.
15.5 We are not liable for any delay or failure to perform our obligations under these Terms and Conditions if such delay or failure is due to circumstances beyond our reasonable control, which results in us being unable to observe or perform on time an obligation under these Terms and Conditions, including, without limitation, acts of God, acts of government or acts of third parties (including war or other hostility, terrorism, national or international disaster, fire, explosion, power failure, Internet failure, equipment failure or strike or lockout).
12.6 These Terms and Conditions and any warranties implied by law, which are not capable of being excluded or modified, embody the whole agreement between Health& and you and supersede any prior arrangement, understanding or representation between us.
16 Editorial and conflict of interest policy
Our editorial policy in relation to the creation of content on the Website and our conflict of interest policy for the editorial team is available in the Policy section of our website.
17 Policy regarding protection of children
Our policy regarding the protection of children is available in the Policy section of our website.
18 Content reviewer qualification
Our content reviewer qualification policy is available in the Policy section of our website.
19 More information about Health&
You can access more information about Health& at the Website at www.healthand.com.
20 Communications, complaints and notices
Health& Pty Ltd
PO Box 13265
Law Courts, VIC 8010
20.2 We will endeavour to respond to your communications and complaints to us by email within 10 business days of receipt of your communication or complaint.
21.1 Health&’s website and web applications are designed using industry-leading practices to be accessible to people with disabilities and also make content more usable to users in general. Our products support a variety of browsers used today, namely Microsoft Internet Explorer, Apple Safari, Mozilla Firefox and Google Chrome. These browsers have required accessibility functions of keyboard navigation, changing font size, colour and style and changing contrasts to cater to the needs of general users as well as users with disabilities.
Editorial and Conflict of Interest Policy
Our goal at Health& Pty Ltd is to provide you with accurate, engaging and trustworthy health education and information that is individualised – depending on the information you provide to us about your health. We ensure that all information to the user is conveyed in plain language for ease of understanding. We are committed to providing information on a wide variety of health topics. Because we do not diagnose, treat or provide medical advice, information from Health& should never be used as a substitute for professional healthcare. You should always consult your physician or other qualified healthcare provider for advice, or with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on our website.
Health& provides up-to-date, evidence-based health information and education for delivery on a unique digital platform that will revolutionise key areas of everyday life. All health information is created using current international guidelines and practices. Certain information and linked websites may not be suitable or pertain to some audiences.
Medical content is created by a team of physicians and medical journalists. Our medical teams have expertise in various medical topics and have extensive work experience in journalism and medical writing, as well as in conducting market and medical research. Included in our team are qualified health practitioners and published professionals. Medical content must be peer reviewed by a minimum of two health content reviewers.
At least one health content reviewer has expertise in the specialty area relevant to the condition under review. Health& will not edit licensed health content provided by an external source. Prior to being considered for employment with Health&, all members of these teams are required to fully disclose any conflict of interest with any other party. All members of the medical team have no conflicts of interest in working for Health&. Content is created based on relevance, clinical significance and current trends. Because Health& does not host any form of advertisement and has no financial and/or business relationships based on linking to other sites, there is no conflict of interest in terms of medical information. Health& also does not use any information obtained from users to promote goods and services.
We will not knowingly post or publish health content that either contains false or misleading claims or promotes ineffective or dangerous information. The links to other websites that we provide to reference our medical materials should not be construed as an endorsement, approval or recommendation by us as the owners or operators of those linked websites, or of any content, information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
Health& Medical Advisory Board
Our world-class Health& Medical Advisory Board consists of an international team of highly qualified, licensed medical specialists including MD and PhD degrees and various accreditations and distinctions. This team of experts is as follows:
Professor Leon Piterman AM (Chair, Medical Advisory Board), MBBS, MD, MMed, MEdSt, MRCP (UK), FRCP (Edin), FRACGP
Professor Leon Piterman is the Pro Vice-Chancellor (Berwick and Peninsula), Monash University. Prior to his current appointment, he has been Professor of General Practice, Head of the School of Primary Health Care and Senior Deputy Dean of the Faculty of Medicine, Nursing and Health Sciences at Monash University. Professor Piterman’s clinical and research interests lie in the areas of chronic disease management, mental health and medical education, including distance learning.
Professor Gab Kovacs AM, MBBS (Hons), MD, FRCOG, FRANZCOG, CREI, FAICD
Professor Gab Kovacs is internationally regarded for his outstanding contribution to medicine. He has had a distinguished career both in general obstetrics and gynaecology, as well as in reproductive endocrinology and infertility. Professor Kovacs was a pioneer in the development and success of IVF and assisted reproduction generally. He has also played a critical role in advancing research and creating ground breaking new technologies for patients.
Professor Hatem Salem AM, MD, FRACP, FRCPA
Professor Hatem Salem is an Emeritus Professor at Monash University. He was the Head of the Academic Department of Clinical Haematology at Monash University and the Head of Clinical Haematology at the Alfred Hospital. He served as President of the Asian-Pacific Society on Thrombosis and Haemostasis and as President and Executive Director of the Australasian Society of Thrombosis and Haemostasis. He is a senior Councillor of the International Society on Thrombosis and Haemostasis.
Professor John Murtagh AM, BSc, BEd, MBBS, MD, FRACGP, DipObst (RCOG)
Professor John Murtagh is an Emeritus Professor in General Practice at the School of Primary Health at Monash University. He is the author of several internationally renowned textbooks, including ‘John Murtagh’s General Practice’ which has been translated into 11 languages.
Professor Ian Meredith AM, BSc (Hons), MBBS (Hons), PhD, FRACP, FACC, FCSANZ, FAHA, FSCAI, FAPSIC
Professor Ian Meredith is the Director of MonashHeart, an internationally renowned organisation that coordinates cardiac services across all Monash Health sites. He is a leading Professor of Cardiology at Monash University and Executive Director of the Monash Cardiovascular Research Centre.
Professor Geoffrey Metz AM, MBBS (Hons), MD, FRACP, FRCP (UK)
Professor Geoffrey Metz is Director of Medical Education at the Epworth Hospital Clinical School, University of Melbourne. He is also a Fellow of the American College of Physicians and a Fellow of the Royal College of Physicians of Ireland. Over the past 25 years he has served on most of the committees of the Royal Australasian College of Physicians and is currently Deputy President of the College.
Professor Henry Burger AO, FAA, MBBS, MD, FRCP, FRACP, FCP (SA), FRCOG, FRANZCOG, Hon. Doct (Liege, Belgium), LL.D (h.c. Monash)
Professor Henry Burger is an eminent clinician and scientist, with a distinguished career in medical research. Until mid-2014, he was a practising clinical endocrinologist with a particular interest in basic and clinical research and practice in reproductive endocrinology at the Monash Health Department of Endocrinology and Jean Hailes for Women’s Health. He has also been awarded a Doctor of Laws honoris causa from Monash University - its highest honour.
Dr Stephen A. Brunton MD, FAAFP, FRACGP, Dip ABFP, CAQ Geriatrics
Dr Stephen A. Brunton is Health&'s United States representative. He is an Adjunct Clinical Professor and teaches within the Department of Family Medicine at the University of North Carolina (UNC) in the USA. He is also a board-certified family physician with a certificate in geriatrics and former president of the California Academy of Family Physicians and the Association of Family Medicine Residency Directors (AFMRD). He has held many positions within the American Academy of Family Physicians (AAFP), including director of the division of education and director of family practice residency.
Associate Professor Greg Goodman MBBS, MD, FACD, GradDipClinEpi
Associate Professor Greg Goodman is Health&’s specialist advisor for dermatology. He has been a practising dermatologist for more than 20 years. His areas of expertise include skin cancers, Mohs micrographic surgery, lasers in dermatology, cosmetic dermatology, facial ageing and the treatment of acne and acne scarring. He is an Associate Professor at Monash University and Chief of Surgery at the Skin and Cancer Foundation of Victoria.
The Medical Advisory Board and the Principal Medical Officer are responsible for completing the final medical review for all materials produced by the below authors.
Health& Medical Content Department
Authors of medical content include the following:
- Dr David Adamson MD, FRCSC, FACOG, FACS;
- Dr Idan Ben-Barak PhD, MSc, BSc (Med);
- Dr Ann Drillich BSc, MBBS;
- Lauren Donley BSc (Hons);
- Dr Danielle Esler BMedSc (Hons), MBBS (Hons), MPH, FRACGP, FAFPHM
- Kellie Heywood BSc (Optom), Dip.PW&E;
- Karen McCloskey BHSc;
- Jonathan Meddings BMedLabSc (Hons);
- Dr Livia Naharnowicz BDSc, AAICD;
- Dr Piraveen Pirakalathanan MBBS (Hons), BMedSc, PGDip.(Anatomy);
- Dr Rebecca Quake MBBS, FRACGP, DRANZCOG;
- Dr Jill Rosenblatt MBBS, FRACGP;
- Dr Tony Rutherford MBBS, FRCOG;
- Dr Anna Tarasova PhD, BTech (BioTech);
- Dr Bow Tauro PhD, BSc (Hons);
- Dr Jo Van der Velden PhD, BSc (Hons);
- Dr Nicole Wallis PhD, BSc;
- Dr Sanjiva Wijesinha MBBS (Ceylon), MSc (Oxford), FRCS, FACS, FRACGP; and
- Dr Shiromi Wimalaguna MBBS, FRACGP.
Health& holds ISO 9001 accreditation for “The provision of services relating to the design, development and supply of medically-verified health information”. In addition, Health& is certified by the Health on the Net Foundation (HON).
ISO 9001 is an internationally recognised standard for delivering high-quality management systems orchestrated by the International Organization for Standardization (ISO), in demonstrating the ability to provide services that consistently meet regulatory requirements as well as customer needs. ISO 9001 accreditation for Health& falls under the International Accreditation Forum (IAF). To learn more, please visit: www.iso.org/iso/home.html.
The Health On the Net Foundation (HON) is a Switzerland-based, non-profit, non-governmental organisation accredited to the Economic and Social Council of the United Nations. HON is internationally-recognised in the field of health information ethics, most notably for the establishment of its code of ethical conduct, the HONcode, which is made up of 8 Principals, in promoting the use of reliable online health information. These 8 Principals highlight: (1) Authority, (2) Complementarity, (3) Confidentiality, (4) Attribution, (5) Justifiability, (6) Transparency, (7) Financial Disclosure and (8) Advertising. Health& is certified by HON, which regularly performs independent audits to verify that Health& follows rigorous standards of quality and accountability in delivering credible health information. To learn more, please visit: www.hon.ch/HONcode/Patients/Visitor/visitor.html.
Health& does not host any form of advertisement and has no financial and/or business relationships based on linking to other sites. Health& also does not use any information obtained from users to promote goods and services. Health& does not have grant-funded health content and has no involvement of co-branding of health content or service delivery.
Health& operates through private funding. We uphold our commitment to providing impartial and reliable information to our users and there is no conflict of interest in the provision of these services to you.
Except as permitted by the copyright law applicable to you, you may not reproduce or communicate any of the content on this website, including files downloadable from this website, without written permission from Health&.
This Terms and policies document was last updated on 11th April 2018.