Terms & Conditions of Service

Vityl & My Direct Doctor Terms & Conditions

This website and the services provided under it are provided by My Direct Doctor Pty Ltd. In this document when we refer to us, our, we, My Direct Doctor or the Practice, we are referring to My Direct Doctor Pty Ltd. When we refer to you, your, client or Patient we are referring you as a user of our services or website. When we refer to Terms we are referring these terms and conditions.

GENERAL TERMS AND CONDITIONS

By visiting our webpage, buying goods from us, contacting us or requesting a service from us, you are agreeing to these Terms.
We reserve the right to vary these Terms and any linked policies without notice to you by publishing revised terms on the Website. Any revisions are effective as at the time of publication on the Website. You must check regularly to ensure you are aware of any changes.
By agreeing to these Terms you warrant to us that:
you are legally capable of accepting these Terms;
any Personal Information you provide us with is up to date and accurate;
any content you provide to us is not misleading or inaccurate;
you will not impersonate any other person;
you will treat us and our consultants and medical professional with kindness, respect and professionalism;
you will be truthful and not mislead us;
you will not infringe any person’s rights, including intellectual property and proprietary rights, rights of confidentiality or contractual rights;
you will not facilitate or encourage any violations of these Terms or our policies by other Patients or third parties;
you will not do anything otherwise unlawful or that is or may be subject to civil or criminal penalties.
To the extent permitted by law, we are not liable for, and you release us from, any liability to you whether arising in breach of contract, negligence or any other cause for:
errors or omissions in the Website or linked sites;
delays to, interruptions of or cessation of our service;
unauthorised or illegal conduct of any third party;
any consequential loss and (to the extent not already covered by that phrase) loss of data, interruption of business, loss of profits and loss of opportunities in connection with your use (or inability to use) the services;
any breach of your obligations under these Terms.
Any guarantee, warranty, term or condition that is implied or imposed into these Terms by legislation and cannot be excluded, then our liability for breach of that guarantee, warranty, term or condition is limited to one or more of the following to the extent permitted by law (at our option):
in the case of goods, the replacement of the goods or supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
in the case of services, the re-supply of the services, or the payment of the cost of re-supplying the services.
We may terminate your access to our services immediately with notice to you. In this event we will refund you any amounts paid in advance for our services and not yet used.
You acknowledge you have read and are aware of our privacy policy posted on our website and updated from time to time and agree to the use of your data in the ways outlined in this policy. We agree that this is policy is the policy we intend to follow in the protection of your privacy.
We will use reasonable endeavours to protect against privacy and security breaches, however you acknowledge and accept the risk that it is possible that Medical Consultations and records may be affected by hacking or other security breaches by malicious third parties that are out of our control.
We agree that we will comply with applicable privacy and health records laws in providing you a service.
Any provision of these Terms which is invalid in any jurisdiction must, in relation to that jurisdiction, be read down to the minimum extent necessary to achieve its validity, if applicable; and be severed from this Agreement in any other case, without invalidating or affecting the remaining provisions of this Agreement or the validity of that provision in any other jurisdiction.
These Terms comprise the entire agreement between you and us in relation to your access to and use of our services.
Neither these Terms nor any provision of these Terms may be amended, modified, waived, discharged or terminated orally. Any variation must be in writing signed by all parties.
These Terms will be construed in accordance with the law of the State of New South Wales and the parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts which may hear appeals from them.

USE OF WEBSITE ONLY

If you are viewing this website, we make no warranty about the information provided on the website and the website is not intended to provide you with medical advice or care. The website only provides information of a general nature only and does not take account of your specific needs. You can only get medical advice or care if you expressly book an appointment with a medical professional, which is available through our website. You agree not to rely on the information on our website or information provided by us when making decisions about your health and only rely on the information provided by the medical professional in the consultation. You agree to only rely on the advice of a registered medical professional who has experience in the area of medicine related to your clinical need.

BOOKING OF A SINGLE TELE-HEALTH APPOINTMENT

By requesting a tele-health appointment, you are agreeing to become a Patient of the Practice and agree to these additional terms and conditions which apply (in addition to the above terms and conditions) to your tele-health consultation with an Australian Registered General Practitioner.

By using our booking service for a tele-health consultation, you agree:

That we will collect sensitive personal information for you for the provision of the service;
That your initial contact with us may not be with a medical professional and that before your consultation, you may speak with a member of our staff who will obtain your clinical background, personal information, clinical history and purpose of the consultation. This person may provide you with general medical information, however you agree not to rely on this information and only use it for the purposes of discussing it with the Medical Professional during your consultation;
That we will store this information on electronic systems, which may be located inside and outside of Australia;
That you will not use our service in the event of an emergency or when you have an urgent clinical need. At these times, you agree to call 000 or attend your local emergency room;
That our Doctors are only licensed in Australia and will conduct the consultation in English via either telecommunications or Video Conference;
That the Doctor providing the consultation may issue a prescription if this is medical indicated – it is not guaranteed – our Doctors also have a policy of not, under any circumstances, prescribing some medications, including benzodiazepines, some opioids and any medications listed in Schedule 8 of the Poisons Standard 2013 (Cth) or any other medications prohibited by Australian law;
That the Doctor will only offer medical certificates or referrals if these are clinically appropriate;
That the service may not be suitable for all conditions or ailments as some medical services are unable to be provided remotely. In this event, your Doctor will advise you of this during the consultation and you may contact to request that we attempt to provide you with a referral to an in-person Doctor consultation for your specific medical need – which may come at a further cost;
That we may record your consultation and may keep a transcript, audio or visual record of the consultation for customer service, record keeping and quality control. In addition, you agree that the Doctor who provides your consultation will share with us the notes of your consultation for storage with your medical records that we will keep as required by law;
That we are simply a referral service to the Doctor who provides your consultation and they will be responsible for the medical care provided to you. You agree not to hold us liable for any liability associated with your medical care through our services;
If the Doctor who provides the service agrees to bulk bill you for the service, you agree to do anything necessary to assign the payment from Medicare to the Doctor. You acknowledge that the Doctor may share some of that payment with us for the services we provide;
If the service is not bulked bill, you acknowledge that we do not make any representation that you can obtain any rebate from Medicare or other insurers for the service. You agree to make a payment in the amount agreed for the consultation which will be split between the Doctor and us for the respective services provided;
You agree that unless you join a wellness plan with us, you must not use the Doctor as your primary care provider;
That we may contact you after the consultation via telephone or other means to discuss the treatment recommended, provide administrative follow up for the Doctor (such as passing onto you scripts or referrals) and to provide information on our and other services, including allied health services when clinically appropriate;
That if you fail to attend consultations that have been booked, we may charge a cancellation fee up to the amount the Doctor would have been paid by Medicare for the consultation.

TERMS AND CONDITIONS

Vityl Medical Treatment Plans

The Vityl Medical Treatment Plan is provided by My Direct Doctor Pty Ltd. In this document when we refer to us, our, we, My Direct Doctor or the Practice, we are referring to My Direct Doctor Pty Ltd. When we refer to you, your, client or Patient we are referring you as a subscriber to the Vityl Medical Treatment Plan. When we refer to Terms we are referring these terms and conditions.

VITYL Medical TERMS AND CONDITIONS

By subscribing to the Vityl Medical Treatment Plan, you are agreeing to these Terms.
The cost of the Vityl Medical Treatment Plan is a one off upfront charge of $349, which includes your first four weeks of the plan and then you will be billed at $49 per week. This amount will continue to be charged (and debited to your credit card or bank account) until you cancel you service in accordance with these terms.
We may increase the weekly price by giving you 30 days’ notice in writing.
You may cancel your Vityl Medical Treatment Plan at any time on 10 days’ notice. Any amounts paid in advance are non-refundable.
While you are subscribed, we agree to provide you with a medical coordination service. In return for the weekly fee we provide you access to a range of health professionals who have agreed to work together for your care and provide treatment to you. We will also arrange for your medical information to be available to those professionals and provide you with a service for adding information to your medical record and passing this onto your clinical team. Any liability for your care rests with the medical professionals you consult with, who hold their own insurance as a condition of their registration. You agree not to hold us liable for any liability associated with your medical care through our services;
As part of our coordination service, we will assist you in claiming the costs of any non-PBS prescribed medications or other services from your private health care if applicable and requested by you;
The number or types of medical professionals and allied health care professionals available to you may change from time to time based upon your clinical need or our resources. The amount of time or number of consultations they provide may also change from time to time based upon your clinical need or our resources. If you are not happy with the available professionals or care team available or if this changes in a way do not like, you may cancel the Vityl Medical Treatment Plan by providing us 10 days’ written notice;
Apart from when bulk billing you per this terms and conditions, our in network care team, will not charge you for their services unless we expressly indicate this before the service is provided. You may be charged for other health care professionals if our care team refers you to specialists not in our care team. We will let you know in advance if you are required to pay an amount in addition to any bulk billed amount;
From time to time, registered medical professionals providing you care may from time to time wish to bulk bill for services they provide. If services are provided in this way, you agree to do anything necessary to assign the payment from Medicare to the Doctor. You acknowledge that the Doctor may share some of that payment with us for the services we provide them. These consultations are in addition to your Vityl Medical Treatment Plan and the bulk bill amount reflects the cost of these services. If these services are bulk billed, you will not have an out of pocket amount to pay;
We reserve the right to vary these Terms and any linked policies by publishing revised terms on our Website at least 10 days before they come into effect. Any revisions are effective as at the time of publication on the Website. You must check regularly to ensure you are aware of any changes.
By agreeing to these Terms you warrant to us that:
you are legally capable of accepting these Terms;
any Personal Information you provide us with is up to date and accurate;
any content you provide to us is not misleading or inaccurate;
you will not impersonate any other person;
you will treat us and our care team with kindness, respect and professionalism;
you will be truthful and not mislead us;
you will not facilitate or encourage any violations of these Terms or our policies by other Patients or third parties;
you will not do anything otherwise unlawful or that is or may be subject to civil or criminal penalties;
you agree that we will collect sensitive personal information for you for the provision of the service;
You agree that we will store information collected from you or about you on electronic systems, which may be located inside and outside of Australia. This information will be treated in accordance with our Privacy Policy;
You agree that our service is not made for emergencies or urgent clinical needs. If in need of these services, you agree to call 000 or attend your local emergency room;
That unless expressly indicated, our clinical team are licensed in Australia and will conduct communications with you in English via either telecommunications or Video Conference only. We do not offer in person consultations; however we can refer you for a physical in person consultation if indicated or requested (however this may involve a further charge);
That the Doctor providing your care may issue a prescription if this is medical indicated – it is not guaranteed – our Doctors also have a policy of not issuing new patients, under any circumstances, prescriptions for some medications, including benzodiazepines, some opioids and any medications listed in Schedule 8 of the Poisons Standard 2013 (Cth) or any other medications prohibited by Australian law;
That the Doctor will only offer medical certificates, prescriptions or referrals if these are clinically appropriate;
That the service may not be suitable for all conditions or ailments as some medical services are unable to be provided remotely. In this event, your Doctor will advise you of this during the consultation and you may contact to request that we attempt to provide you with a referral to an in-person Doctor consultation for your specific medical need – which may come at a further cost;
That we may record your communications with us or any member of the care team we refer you to and may keep a transcript, audio or visual record of the consultation for customer service, record keeping and quality control. In addition, you agree that any of the care team who provide you with a service may create and share with us the notes of your interaction for storage with your medical records that we will keep as required by law. This includes information received from third parties about your health care (like pathology, imaging or specialist reports);
For the cost of the Vityl Medical Plan, you acknowledge that while rebates may be available, we do not make any representation that you can obtain any rebate from Medicare or other insurers for the service;
That if you fail to attend consultations that have been booked, we may charge a cancellation fee up to the amount the Doctor would have been paid by Medicare for the consultation.
To the extent permitted by law, we are not liable for, and you release us from, any liability to you whether arising in breach of contract, negligence or any other cause for:
errors or omissions in the Website or linked sites;
delays to, interruptions of or cessation of our service;
unauthorised or illegal conduct of any third party;
any consequential loss and (to the extent not already covered by that phrase) loss of data, interruption of business, loss of profits and loss of opportunities in connection with your use (or inability to use) the services;
any breach of your obligations under these Terms.
Any guarantee, warranty, term or condition that is implied or imposed into these Terms by legislation and cannot be excluded, then our liability for breach of that guarantee, warranty, term or condition is limited to one or more of the following to the extent permitted by law (at our option):
in the case of goods, the replacement of the goods or supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
in the case of services, the re-supply of the services, or the payment of the cost of re-supplying the services.
We may terminate your access to our services immediately if we feel that your use of the service is not in our or your benefit or on 30 days’ written notice for any reason. In this event we will refund you any amounts paid in advance for our services and not yet used.
You acknowledge you have read and are aware of our privacy policy posted on our website and updated from time to time and agree to the use of your data in the ways outlined in this policy. We agree that this is policy is the policy we intend to follow in the protection of your privacy.
We will use reasonable endeavours to protect against privacy and security breaches, however you acknowledge and accept the risk that it is possible that your medical records may be affected by hacking or other security breaches by malicious third parties that are out of our control.
We agree that we will comply with applicable privacy and health records laws in providing you a service.
Any provision of these Terms which is invalid in any jurisdiction must, in relation to that jurisdiction, be read down to the minimum extent necessary to achieve its validity, if applicable; and be severed from this Agreement in any other case, without invalidating or affecting the remaining provisions of this Agreement or the validity of that provision in any other jurisdiction.
These Terms comprise the entire agreement between you and us in relation to your access to and use of our services.
Neither these Terms nor any provision of these Terms may be amended, modified, waived, discharged or terminated orally. Any variation must be in writing signed by all parties.
These Terms will be construed in accordance with the law of the State of New South Wales and the parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts which may hear appeals from them.

Welcome to the Vityl Medical Inc (Vityl) subscription service. This document outlines the terms and conditions that apply to the service we provide you. You agree to these terms by using our service, so please read them carefully.

OVERVIEW OF SERVICE

Your service charges will involve an upfront fee and weekly, monthly or annual subscription fee, this allows you to spread the costs of our services over time. The fee charged to you by Vityl covers a range of goods and services provided by us to you. As a multidisciplinary team, our service charge may include your clinically indicated use of the following professionals and their associated goods and services, including online resources:

1. Nurses and Nurse Practitioners;

2. Dieticians;

3. Psychologists;

4. Counsellors;

5. Life and health coaches;

6. Researchers;

7. Pharmaceutical.

We also work with Doctors including specialists who supervise and train the team associated with your care. Your service fee does not include any consultations with the Doctors or Specialists unless such consultation is not medically necessary. In the event that we refer you to a Doctor or Specialists for a consult, you agree that they are providing you a single incident consultation. If the consult is medically necessary, it will be covered by OHIP (and if it is not medically necessary, we will not charge you for the consult) and in either event, you are that the Doctors and Specialists we refer you to are not and do not become your primary care physician.

The services you get from us are decided by your treatment team at Vityl and you are not guaranteed to get anyone of these services. A failure to use or obtain any one of the services or goods does not reduce the price of your service fee with us. The services are only provided to treat to initial complaint or symptom that is part of your package and do not cover services for other conditions, symptoms, diseases or complaints. We may refer you back to your primary care physician to attend to these other conditions if we become aware of them during your treatment.

OHIP AND INSURANCE

While some of your Doctor and Specialists services may be covered by OHIP, our services are not you may entitled to a rebate from your employee benefits scheme, however we make no warranty or representation that you will be covered and you are liable for our charges whether or not our services are covered.

EMERGENCY CARE

Our services are not for use in emergency or urgent situations. If you are suffering from an urgent, acute or time sensitive issues, make your own best judgment to call 911 or attend your nearest emergency room.

NO SHOWS

We understand that you can’t always make every appointment and sometimes you just forget to attend. Unfortunately this uses up our clinics time that could be used by other patients. We do not charge you for your first missed appointment but if you have missed or not attended a second appointment within the last 60 days, we charge a $50 cancellation fee for each subsequent no show or missed appointment.

PRIVACY

Our services are provided in accordance with our privacy policy on our website at www.vityl.com.

CANCELLING SERVICE

To cancel your service with Vityl, you need contact our office and provide at least one week's notice. Any amounts paid in advance will not be refunded but your service will continue until the end of the paid in advance period.

We strongly recommend obtaining replacement care for any condition or symptom you have if you leave our service. We will be happy to pass on any medical files we have to your new providers.

LEGAL DISCLAIMERS AND LIMITATION OF LIABILITY

To the extent permitted by applicable law, the services are provided on an “as is” basis and “as available” basis without any warranties or conditions of any kind, either express or implied. Vityl disclaims all warranties, express or implied, including, but not limited to, implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.

In no event shall Vityl be liable for any direct, indirect, incidental, special, or consequential damages that result from or in connection with the use of, or the inability to use or access, the services, even if Vityl has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

INDEMNITY

You agree to indemnify and hold harmless Vityl, its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from (a) your use of the Services and/or (b) your breach of these Terms.

ASSIGNMENT

You may not assign these Terms to any third party without our prior written consent. We may assign these Terms or any rights under these Terms to any third party without your consent. Any assignment in violation of this Section will be void. The terms and conditions of these Terms will be binding upon permitted assignees. These Terms will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.

ENTIRE AGREEMENT

These Terms, along with the Privacy Policies, any other legal notices or statements posted on our website or to you, constitute the entire agreement between Vityl and you and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing between Vityl and you.

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Peel, Province of Ontario.

If any provision of the present Terms shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. A printed copy of these Terms and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form.

NOTICES AND CONTACT

If you need to contact us or serve any notices you may be do so using the below contact details:

Vityl Medical Inc

Suite 205-2250 Bovaird Dr E Brampton ON

L6R 2T3

Email: compliance@vityl.com

Terms and Conditions | New Zealand

Vityl Men’s Health Treatment Plans

The Vityl Men’s Health Treatment Plan is provided by My Direct Doctor Pty Ltd. In this document when we refer to us, our, we, Vityl or the Practice, we are referring to My Direct Doctor Pty Ltd. When we refer to you, your, client or Patient we are referring you as a subscriber to the Vityl Men’s Health Treatment Plan. When we refer to Terms, we are referring these terms and conditions.

Vityl Men’s Plan Terms and Conditions

1. By subscribing to the Vityl Men’s Health Treatment Plan, you are agreeing to these Terms.

2. The cost of the Vityl Men’s Health Treatment Plan is a one-off upfront charge of $349, in advance of

the first month, which includes your first four weeks of the plan. Following this, you will be billed at $49

per week. This amount will be continued to be charged (and debited to your credit card or bank

account) until you cancel you service in accordance with these terms.

3. The charge will start on the day of your first medical appointment with either a Nurse Practitioner or

Medical Doctor. If you have an appointment and do not attend your appointment, you will be charged

from the day of the appointment. You may contact us to reschedule your appointment that is missed.

Once rescheduling is communicated to us, we will reschedule the Stage 1 IMA date as well as the

subscription start date.

4. If you miss two appointments in any three-month period, we reserve the right to charge a $150

charge as a missed appointment charge from the second missed appointment.

5. We may increase the weekly price by giving you 30 days' notice in writing.

6. You may cancel your Vityl Men’s Health Treatment Plan at any time on 10 days written notice to us. Any amounts paid in advance are non-refundable.

7. You agree on cancelling to follow any discharge procedure we reasonably require and acknowledge

and agree to provide us with someone to hand your treatment over to. You acknowledge and agree that

your care and treatment may be adversely affected by your cancellation before treatment is completed.

8. While you are subscribed, we agree to provide you with a medical coordination service. In return for

the weekly fee, we provide you access to a range of health professionals who have agreed to work

together for your care and provide treatment to you. We will also arrange for your medical information

to be available to those professionals and provide you with a service for adding information to your

medical record and passing this onto your clinical team. Any liability for your care rests with the medical professionals you consult with, who hold their own insurance as a condition of their registration. You agree not to hold us liable for any liability associated with your medical care through our services.

9. You agree that we will share your medical file and information with all health professionals and

support staff working with or for our service and they will share your health information with us.

10. As part of our coordination service, we will assist you in claiming the costs of any non-PBS prescribed medications or other services from your private health care if applicable and requested by you;

11. The number or types of medical professionals and allied health care professionals available to you

may change from time to time based upon your clinical need or our resources. The amount of time or

number of consultations they provide may also change from time to time based upon your clinical need

or our resources. If you are not happy with the available professionals or care team available or if this

changes in a way do not like, you may cancel the Vityl Men’s Health Treatment Plan by providing us 10

days written notice.

12. Apart from when bulk billing you per this terms and conditions, our in-network care team, will not

charge you for their services unless we expressly indicate this before the service is provided. You may be

charged for other health care professionals if our care team refers you to specialists not in our care

team. We will notify in advance if you are required to pay an amount in addition to any bulk billed

amount;

13. From time to time, registered medical professionals providing you care may wish to bulk bill for

services they provide. If services are provided in this way, you agree to do anything necessary to assign

the payment from the New Zealand Ministry of Health to the Doctor. You acknowledge that the Doctor

may share some of that payment with us for the services we provide them. These consultations are in

addition to your Vityl Men’s Health Treatment Plan and the bulk bill amount reflects the cost of these

services. If these services are bulk billed, you will not have an out-of-pocket amount to pay.

14. You are not entitled to any New Zealand Ministry of Health rebates for our services or services

provided by our medical professionals.

15. We reserve the right to vary these Terms and any linked policies by publishing revised terms on our Website at least 10 days before they come into effect. Any revisions are effective as at the time of publication on the Website. You must check regularly to ensure you are aware of any changes.

16. By agreeing to these Terms, you warrant to us that: a. you are legally capable of accepting these Terms; b. any Personal Information you provide us with is up to date and accurate; c. any content you provide to us is not misleading or inaccurate; d. you will not impersonate any other person; e. you will treat us and our care team with kindness, respect and professionalism; f. you will be truthful and not mislead us; g. you will not facilitate or encourage any violations of these Terms or our policies by other Patients or third parties; h. you will not do anything otherwise unlawful or that is or may be subject to civil or criminal penalties.

17. You agree that we will collect sensitive personal information for you for the provision of the service.

18. You agree that we will store information collected from you or about you on electronic systems,

which may be located inside and outside of Australia and New Zealand. This information will be treated

in accordance with our Privacy Policy.

19. You agree that our service is not made for emergencies or urgent clinical needs. If in need of these

services, you agree to call 111 or attend your local emergency room.

20. That unless expressly indicated, our clinical team are licensed in Australia and will conduct

communications with you in English via either telecommunications or Video Conference only. We do not

offer in person consultations; however, we can refer you for a physical in person consultation if

indicated or requested (however this may involve a further charge).

21. The Doctor providing your care may issue a prescription if this is medical indicated – it is not

guaranteed – our Doctors also have a policy of not issuing new patients, under any circumstances,

prescriptions for some medications, including benzodiazepines, some opioids and any medications listed

in Schedule 8 of the Poisons Standard 2013 (Cth) or any other medications prohibited by Australian law.

22. That the Doctor will only offer medical certificates, prescriptions or referrals if these are clinically appropriate.

23. That the service may not be suitable for all conditions or ailments as some medical services are

unable to be provided remotely. In this event, your Doctor will advise you of this during the consultation

and you may contact to request that we attempt to provide you with a referral to an in-person Doctor

consultation for your specific medical need – which may come at a further cost.

24. That we may record your communications with us or any member of the care team we refer you to

and may keep a transcript, audio or visual record of the consultation for customer service, record

keeping and quality control. In addition, you agree that any of the care team who provide you with a

service may create and share with us the notes of your interaction for storage with your medical records

that we will keep as required by law. This includes information received from third parties about your

health care (like pathology, imaging or specialist reports).

25. You agree that your medical and health information may be used by us and third parties for

research, case study or training purposes. When providing information to third parties for this purpose

we will replace your name and identifying information with a pseudonym.

26. For the cost of the Vityl Men's Plan, you acknowledge that while rebates may be available from

private health coverage, we do not make any representation that you can obtain any rebate from New

Zealand Ministry of Health or other insurers for the service and agree that a rebate is not available for

our services that are not bulk billed;

27. To the extent permitted by law, we are not liable for, and you release us from, any liability to you

whether arising in breach of contract, negligence or any other cause for: a. errors or omissions in the

Website or linked sites; b. delays to, interruptions of or cessation of our service; c. unauthorised or

illegal conduct of any third party; d. any consequential loss and (to the extent not already covered by

that phrase) loss of data, interruption of business, loss of profits and loss of opportunities in connection with your use (or inability to use) the services; e. any breach of your obligations under these Terms.

28. Any guarantee, warranty, term or condition that is implied or imposed into these Terms by

legislation and cannot be excluded, then our liability for breach of that guarantee, warranty, term or

condition is limited to one or more of the following to the extent permitted by law (at our option): a. in

the case of goods, the replacement of the goods or supply of equivalent goods, the repair of the goods,

the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the

cost of having the goods repaired; or b. in the case of services, the re-supply of the services, or the

payment of the cost of re-supplying the services.

29. We may terminate your access to our services immediately if we feel that your use of the service is

not in our or your benefit or on 30 days written notice for any reason. In this event we will refund you

any amounts paid in advance for our services and not yet used.

30. You acknowledge you have read and are aware of our privacy policy posted on our website and

updated from time to time and agree to the use of your data in the ways outlined in this policy. We

agree that this is policy is the policy we intend to follow in the protection of your privacy.

31. We will use reasonable endeavors to protect against privacy and security breaches, however you

acknowledge and accept the risk that it is possible that your medical records may be affected by hacking

or other security breaches by malicious third parties that are out of our control.

32. We agree that we will comply with applicable privacy and health records laws in providing you a

service.

33. Any provision of these Terms which is invalid in any jurisdiction must, in relation to that jurisdiction, be read down to the minimum extent necessary to achieve its validity, if applicable; and be severed from this Agreement in any other case, without invalidating or affecting the remaining provisions of this Agreement or the validity of that provision in any other jurisdiction.

34. These Terms comprise the entire agreement between you and us in relation to your access to and

use of our services.

35. Neither these Terms nor any provision of these Terms may be amended, modified, waived,

discharged or terminated orally. Any variation must be in writing signed by all parties. 36. These Terms will be construed in accordance with New Zealand laws and the parties agree to submit

to the non-exclusive jurisdiction of the courts of New Zealand and any courts which may hear appeals

from them.

TERMS & CONDITIONS OF SERVICE

AUSTRALIA

CANADA

NEW ZEALAND