Website Terms and Conditions

Welcome to the website of Overstory Medical. These terms and conditions (Terms) apply to your use of, and access to, our website (Site), including:

- browsing the Site and accessing free educational content;

- submitting enquiries via website contact forms;

- subscribing to newsletters and communications;

- purchasing digital educational products including courses (Products) and downloadable content related to supportive care and lifestyle medicine after cancer treatment; and

- any other interaction with the Site.

These Terms apply to all users of the Site, regardless of whether you are browsing, reading content, submitting enquiries, subscribing to newsletters, or purchasing Products.

In these Terms, when we say you or your, we mean you as an individual if you are accepting these Terms for yourself. If you are accepting these Terms on behalf of an entity (such as your employer) and you are authorised to do so, then you or your means that entity. When we say we, us, or our, we mean Benjamin Carl Forster trading as Overstory Medical (ABN 70 042 831 189). For legal notices under these Terms, you may contact us at: legal@overstorymedical.com.au

Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. There are also defined words at the end of these Terms.

OUR DISCLOSURES

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

● our privacy policy (on the Site) which sets out how we will handle your personal information; and

● our Patient Terms and Conditions (provided during the booking process for medical consultations) which govern clinical services; these Website Terms apply only to use of the Site and purchase of digital educational Products;

● clause 13 (Liability) which sets out exclusions and limitations to our liability under these Terms.

We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites through a link on our Site or in our Products.

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

1. Disclaimer; No Doctor-Patient Relationship

1.1 The Site, our free educational content, and our Products are provided for general information only and are not intended to constitute medical advice, diagnosis, or treatment, or to replace consultation with a qualified medical practitioner for your individual circumstances.

1.2 Use of this Site does not constitute the provision of a health service.

1.3 You should always consult with qualified healthcare professionals regarding your specific health needs.

1.4 No doctor-patient relationship is created by accessing the Site, using contact forms or email, or purchasing or accessing our free educational content or Products.

1.5 If you require urgent or emergency medical care, contact 000 or attend your nearest emergency department.

1.6 To the maximum extent permitted by law, we are not liable for any injury, loss or damage arising from your use of the Site or reliance on our Content or Products.

2. Geographic Limitations

2.1 While the Site and its educational content may be accessed globally, any clinical consultation services provided by the practice are only available to individuals residing in Australia. The Site does not represent that clinical services are available outside Australia.

3. Information and availability of Content

3.1 While we use reasonable attempts to ensure the accuracy and completeness of the content on the Site (Content), to the extent permitted by law (including the Australian Consumer Law), we do not warrant the accuracy, completeness or suitability of any of the Content. The Content may be subject to change without notice and we do not undertake to keep the Site up to date. We also do not warrant that access to the Site will be uninterrupted, error-free or free from viruses.

4. Contact Forms and Email Enquiries

4.1 As set out in the Disclaimer section above, we do not provide medical advice via the Site or through contact forms or email.

4.2 Contact forms and email are for general enquiries about the practice, the Site and our Products only and are not monitored continuously.

4.3 Contact forms and email must not be used for urgent or time-sensitive matters. If you require urgent or emergency medical care, contact 000 or attend your nearest emergency department.

4.4 You must not use contact forms or email to:

(a) seek medical advice or discuss health conditions;

(b) communicate urgent matters or medical emergencies;

4.5 Contact form submissions or email enquiries do not create a doctor-patient relationship.

4.6 If you submit sensitive information via a contact form or email contrary to these instructions, we will handle it in accordance with our Website Privacy Policy and applicable privacy laws. Submission is at your discretion and contrary to our instructions.

5. Newsletter and Communications

5.1 You may subscribe to receive educational newsletters and updates from us.

5.2 Newsletter content is general educational information only and is not medical advice. It is not tailored to your individual circumstances.

5.3 You may unsubscribe at any time using the unsubscribe function in our communications.

5.4 We will handle your personal information in accordance with our Privacy Policy.

6. Fees for our Products

6.1 Prices for our Products are set out on our website.

6.2 Payment must be made in full at the time of purchase.

6.3 All sales are final unless otherwise specified for specific Products.

6.4 Our payment methods will be displayed at the time of purchase. If you choose to pay your fees using one of our third-party payment processors, you may need to accept their terms and conditions (if this is the case, these will be set out at the time you make payment).

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

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

7. Refunds

7.1 Subject to your Consumer Law Rights, all sales of Products are final.

7.2 If a Product we supply to you fails to meet a Consumer Guarantee under the Australian Consumer Law, you may be entitled to a refund, replacement, re-delivery, or other remedy as provided by law.

7.3 We do not offer refunds for change of mind or dissatisfaction with content, except where required by the Australian Consumer Law.

7.4 To request a refund where you believe you have a right under the Australian Consumer Law, please contact us using the details set out in these Terms.

7.5 Refunds (where applicable) will be processed to your original payment method within 5-10 business days.

8. Conduct we don’t accept

8.1 You must not do or attempt to do anything that is unlawful, which is prohibited by applicable law, which we would consider inappropriate or which might bring us or the Site into disrepute. This includes:

(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

(b) using the Site to defame, harass, threaten, menace or offend any person;

(d) interfering with any user of the Site;

(e) tampering with or modifying the Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with the Site, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with the Site;

(f) using the Site to send unsolicited electronic messages;

(g) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or

(h) facilitating or assisting a third-party to do any of the above acts.

9. Intellectual Property

9.1 Unless otherwise indicated, we own or license all intellectual property rights in our Products, as well as the information and materials on the Site (Content) (including any copyright, registered or unregistered designs, illustrations, artwork, patents, trade mark rights, logo rights and domain names) (together, Our Intellectual Property).

9.2 Products: When you purchase our Products, we grant you a personal, non-transferable licence to access and use the Products solely for your own educational purposes.

9.3 Content: We authorise you to access and use the Site solely for your own personal use and to display, print and download the Content onto your personal device provided that you do not remove any copyright notice included in Our Intellectual Property.

9.4 Subject to clauses 9.2 and 9.3, you must not:

(a) copy or use, in whole or in part, any of Our Intellectual Property;

(b) reproduce, retransmit, distribute, display, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property; or

(c) breach any intellectual property rights connected with Our Intellectual Property, including altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website or platform, or creating derivative works from Our Intellectual Property.

9.5 Nothing in clause 9.4 restricts your ability to publish, post or repost Content on your social media page or blog, provided that:

(a) you do not assert that you are the owner of the Content;

(b) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;

(c) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and

(d) you comply with all other terms of these Terms.

9.6 Any feedback or suggestions you provide may be used by us to improve our services without any obligation to you.

9.7 This clause 9 will survive the termination or expiry of these Terms.

10. User Content

10.1 Posting Content: Users may have the opportunity to upload or post content, including text, images, videos, and other multimedia files to the Site (User Content), subject to our approval and these Terms. We reserve the right, at our sole discretion, to allow or prohibit the posting and hosting of User Content on our Site.

10.2 Licence to Use User Content: By uploading or posting User Content on this Site, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable licence to use, reproduce, distribute, display, and perform the User Content in connection with the Site and our (and our successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.

10.3 User Responsibilities: You are solely responsible for your User Content and the consequences of posting or publishing it. You confirm that you own or have the necessary licences, rights, consents, and permissions to publish the User Content you submit.

10.4 Content Accuracy and Compliance: You agree that any User Content you provide does not and will not breach any law or infringe the rights of any third-party, including copyright, trademark, privacy, and data protection laws.

10.5 Removal Rights: We reserve the right to edit or remove any User Content at any time without prior notice, for any reason, and without liability to you or any other party. This can include User Content that we believe violates these Terms or our policies, or which we find otherwise objectionable or inappropriate.

10.6 No Obligation to Publish: We are not obligated to publish any User Content on our Site and can remove it in our discretion, without notice.

11. Privacy and Personal Information

11.1 We collect, hold and disclose your personal information in accordance with our Website Privacy Policy, which is available on the Site, and applicable privacy laws.

11.2 You must only provide personal information that you have the right to disclose.

11.3 We may disclose your personal information to third parties such as payment processors, course hosting platforms, and service providers as necessary to operate the Site and deliver our Products and Content.

12. Consumer Law Rights

12.1 In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will be bound by your Consumer Law Rights and the express wording of these Terms.

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

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

12.4 This clause 12 will survive the termination or expiry of these Terms.

13. Liability

13.1 We provide our Products and our free educational content with reasonable care and skill.

13.2 Our Products are provided as is and we make no warranties about their suitability for your particular needs.

13.3 You acknowledge that neither the Site, the Content nor the Products are intended to be relied upon for health or medical decision-making.

13.4 If you’ve purchased Products, to the maximum extent permitted by law, our total liability to you is limited to the amount you paid for the relevant Products.

13.5 Nothing in these Terms excludes or limits your Consumer Law Rights.

13.6 This clause 13 will survive the termination or expiry of these Terms.

14. Third-party sites

14.1 The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third-party website linked from the Site, such third-party provides the goods and services to you, not us.

14.2 We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third-party links are Affiliate Links.

14.3 Some of our Products may be delivered through third-party platforms (such as course hosting sites). Your use of such platforms is subject to their separate terms and conditions.

15. General

15.1 Amendments: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on the Site. We recommend that you check the Site regularly to ensure you are aware of our current terms.

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

15.3 Disputes: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

If the Dispute is not resolved at that initial meeting:

(a) where you are resident or incorporated in Australia, refer the matter to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation; or

(b) where you are not resident or incorporated in Australia, refer the matter to arbitration administered by the Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in Sydney, New South Wales, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules.

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

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

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

15.7 Marketing: If you subscribe or otherwise opt in, we may send you electronic communications about the Site, our services, Products, updates, and related information in accordance with applicable spam and privacy laws. You may opt-out at any time by using the unsubscribe function in our electronic communications.

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

15.9 Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address you provided when purchasing our Products.

16. Definitions

16.1 In these Terms:

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

Products means our digital educational products, courses, and downloadable content, as set out on our Site.

For any questions and notices, please contact us at:

Benjamin Carl Forster trading as Overstory Medical (ABN 70 042 831 189)

Email: legal@overstorymedical.com.au