Platform Terms & Conditions
Effective Date: 5th February 2021
Welcome to The Botaniq (Site).
- This document sets out the terms and conditions (“Terms”) that govern Your access to and participation in the The Botaniq platform (“Platform”), facilitated and run by The Botaniq Health and Beauty Pty Ltd (ABN 50 638 695 628) trading as “The Botaniq” (collectively and individually referred to as “The Botaniq”, “We”, “Our”, or “Us”).
- These Terms constitute a legal agreement between You (“You” or “Your”) and Us.
- By registering via Our online application form, You agree to be bound by these Terms, so it is important that You read these Terms carefully before registering.
- These Terms and Conditions set out provisions regarding the conduct of the Service Providers (“Practitioner”, or “Practitioners”)
2. Platform Participation and Platform Fees
2.1 As a Practitioner:
a) You may apply to become a Practitioner by booking an obligation-free discovery call that will provide You with questions as to whether You are qualified to be a Practitioner on Our Website. You agree to provide accurate, current and complete information about Yourself as requested or directed on the Website, and to promptly update this information to maintain its accuracy. We have the right to suspend or terminate Your participation in the Platform if We suspect that this information is inaccurate or incomplete.
b) You must be approved by Us before being able to use the Platform. You understand that You may be asked to provide copies of insurance, qualifications, industry private qualifications, association details and banking information in order to be approved.
c) You must acknowledge and accept Our Terms and Conditions in order to be approved and for your access to the Services on our Platform to be granted.
2.2 These Terms will become binding when You agree to them, including by clicking “I consent” or “I agree” or similar, or by purchasing and/or commencing a listing on the Platform.
Listing and obligations
2.3 In order to qualify and remain listed on Our Platform as a Practitioner, You warrant and agree that You:
a) hold the necessary qualifications, registrations and/or licenses;
b) will not take any bookings privately or circumvent the Platform in any way;
c) will communicate any queries about Our company to the director of The Botaniq;
d) will maintain accuracy of information provided to Us and to the users of the Platform;
e) will comply with the policies and procedures set out in Our terms and conditions for the duration of Your time registered on our Platform;
f) will obey all applicable laws.
2.4 By entering into this agreement and accepting these Terms You acknowledge that You have read, understood and agree with the information provided that the rules contained therein apply to Your Platform listing together with these Terms.
2.5 We reserve the right to:
a) limit the number of Practitioners and Clients on Our Platform;
b) remove any information about Our Platform users;
c) suspend or terminate Your access to the Platform in accordance with clause 5 below.
Booking and Service Fees
2.6 As a Practitioner, Your ability to conduct consultations commences when Your application has been accepted by Us.
2.7 We may review and approve or deny Your application at Our sole discretion.
2.8 Your Platform participation continues until terminated in accordance with these Terms or You choose to no longer access the Platform.
2.9 As a Practitioner, You understand and agree that:
a) the Practitioner membership fee must be paid monthly, or upfront, as agreed;
b) all consultation bookings must be done through Our Platform;
c) Your consultations will be set up through Simple Clinic;
d) Practitioners are required to pay an initial set up fee of $99 prior to gaining access to the platform;
e) the terms and conditions of Our company are unconditionally accepted once the booking is confirmed.
2.10 If You wish to cancel Your Practitioner membership, You understand that You must provide at least 7 days’ written notice no more than 30 days after Your commitment term has ended. Any amounts that are due for the month written notice is provided are required upon exiting the Platform.
2.11 You will pay Us the Clinical Careers Membership Platform Fees:
a) by electronic funds transfer to an account nominated by Us; or
b) by a payment processor such as GoCardless, Paypal, Apple Pay or Afterpay; or
c) following receipt of a Tax Invoice from Us, per the terms of the Tax Invoice.
2.12 The Platform Fees, irrespective of which payment option is selected, are non-refundable except as required by law or as indicated in these Terms. In the interests of clarity, if you wish to cancel your participation before the completion of a payment period, you will not be refunded any prorated balance of the Platform Fee already paid by You.
2.13 If You do not pay Us any portion of the Platform Fees when due, Your Platform participation may be cancelled, suspended, or You may be refused Platform entitlements and benefits until all outstanding amounts are paid.
3. complaints procedure
3.1 We are committed to providing a high standard of service. If You have any concerns or are dissatisfied with the service You have received and wish to raise a complaint, then please submit Your complaint through Our Contact Us Form, available on our Website.
3.2 Any complaint submitted in accordance with clause 3.1 above must include the following information at a minimum:
a) Your name;
b) the email address You used to register with the Platform;
c) details of Your concern or complaint;
d) details of what You would like Us to do to resolve the matter; and
e) copies of any relevant correspondence.
3.3 We will provide You with an acknowledgement of Your complaint within 2 business days of receipt. We will aim to resolve Your complaint within 7 business days of receipt. If We are unable to address the complaint within 7 business days, then We will write to You to explain what is happening with Your complaint.
4. intellectual property rights
4.1 In relation to the Platform Materials:
a) We retain ownership of all Intellectual Property Rights (including Moral Rights) in Platform Materials;
b) You are granted, subject to You paying the Platform Fees, a single use, limited right to use Platform Materials, and:
i) It may only be used for the purposes set out in the Terms, as part of Your Platform participation;
ii) You will not modify the Platform Materials; and
iii) You will not sub-licence, publish, sell, or otherwise provide it or allow it to be used by third parties;
c) Where You have provided testimonials or content (in any format), We may use those testimonials or content to refer to You in Our websites, and other media (including social media channels) for the sole purpose of promoting Our Platform; and
d) Your use of the Platform Materials may also be subject to our Website Terms and Conditions.
4.2 For the purposes of this clause and the Terms, “Platform Materials” means all tools developed and/or utilised by Us in performing the Platform Services, including, without limitation, handbooks, policies and procedures, packaging, advertising materials, digital Products (including eBooks), webinars and videos.
Intellectual Property Right Consent and Indemnity
4.3 You represent and warrant that You are the owner of the intellectual property You provide to The Botaniq, or that You have a license to use and distribute it. You will indemnify Us against any loss, liability, claim, or demand (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of any breach of intellectual property rights (including third party intellectual property rights) from Our use of the intellectual property You provide.
5.1 We may terminate Your participation in the Platform with immediate effect, by giving You written notice, if:
a) You fail to comply with any of the provisions of these Terms or otherwise breach any undertaking, warranty or obligation under this agreement;
b) You engage in conduct injurious or potentially harmful to Our reputation;
c) You disclose Confidential Information without consent;
d) You fail to abide by Our applicable rules, policies or procedures as contained in Our terms and conditions;
e) Your actions are contrary to Our interests; or
f) We consider that mutual trust and/or confidence no longer exists.
5.2 We may terminate your participation in the Platform with immediate effect, if You, as a Practitioner:
a) do not pay the Platform or Practitioner Membership Fees when due;
b) attempt to delete information about a Client;
c) release Confidential information about a Client without prior consent; or
d) if You provide a Client with false information.
5.3 As a Practitioner, if We terminate Your Platform participation, We may, but are not obliged to, refund any prorated balance of the Platform Fee already paid by You and your listing will be removed immediately. Any service requests that remain in the system at this time will be managed in accordance with the guidelines set out in the Terms and Conditions.
5.4 To terminate Your registration as a Practitioner, you may exit the Platform within 30 days of your chosen commitment term upon providing 7 days’ written notice.
5.5 Upon Your termination of this agreement, Your listing on the Platform will be removed within 48 hours.
6. disclaimers, warranties & indemnities
6.1 By referencing any Products or Services throughout the Platform, including any processes or other information, this does not constitute or imply Our endorsement, sponsorship or recommendation of such Products or Services.
6.2 Our Site requires that a thorough medical history is provided as a part of Our clinical Services. This allows for Our Practitioners to provide the best possible advice and support. Failure to disclose health information may result in an adverse event. We do not hold any liability. or accept responsibility for client dissatisfaction following an unsupervised health program.
6.3 Any information provided during a complimentary consultation is of a general nature only and does not constitute medical advice or a thorough health assessment.
6.4 You and We agree that:
a) We and Our directors, agents or associates shall not be responsible or liable for any loss or damage resulting from Your Platform participation, except as expressly permitted by law and as set out in these Terms;
b) the Platform is provided on an “as is” basis without representation, warranty or condition of any kind (either express or implied);
c) all express or implied warranties, representations, statements, terms and conditions relating to the Terms or its subject matter which are not contained in the Terms, are excluded from the Terms to the maximum extent permitted by law;
d) if Our Services or the Platform are confirmed to have a major problem, i.e. not delivered to You or not provided as stated, We will resupply the Services or refund all or part of the Platform Fees (as applicable) to Your original payment method. The applicable refund amount will be determined at Our sole discretion by the nature of the problem and the degree to which You may have been partially responsible for the problem;
e) We do not offer refunds where You have insisted on having the Platform Services provided in a way that is contrary to Our advice, failed to clearly explain Your needs to Us or simply changed Your mind;
f) You are responsible for any tax obligations relating to Your use of the Platform;
g) We are not responsible for the relationship between You and the other party (whether it is a Practitioner or a Client);
h) We cannot guarantee and do not promise any specific results from the Platform, including client bookings;
i) You will indemnify Us against all loss, cost, damage or expense (including Our legal costs and associated costs of investigations and enforcement) directly or indirectly related to Your breach of these Terms.
j) You are responsible for marketing Your services and understand that Our Platform provides marketing support, however, does not guarantee You client bookings
6.5 Without limiting this clause 6, We will not be liable to You for any liability or claim of any kind arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) from:
a) the use of or inability to use the Platform;
b) the Products and/or Services provided;
c) the statements or conduct of any third party or other partner; or
d) Your reliance on the recommendations and suggestions of any third party or other partner.
6.6 As a Practitioner, You acknowledge and agree that Your contract with a Client is independent of the agreement You have with Us. We facilitate the ability for the Client to select Your Services. We are not and will not be a party to any contract or the management, execution and any subsequent actions arising out of the contract You have with the Client. You will be solely responsible for providing the Services to the Client.
7. confidentiality & privacy
7.1 Each party agrees that, unless it has the prior written consent of the other party, it will:
a) keep confidential at all times, the Confidential Information of the other party; and
b) ensure that any personnel, advisors, employees or contractors to whom Confidential Information is disclosed, is aware of and complies with this clause.
7.2 The obligations of confidentiality outlined in clause 7.1 do not apply to any disclosure that:
a) is for the purpose of performing the Terms or exercising a party’s right under the Terms;
b) is required by Applicable Law; or
c) relates to Confidential Information that is publicly available through no fault of the receiving party or its personnel, or was rightfully received from a third party without restriction and without breach of any obligation of confidence.
7.3 For the purposes of clause 7.1, confidential information in relation to a party means information of a confidential nature including personal information, information about its business, financial information, operations, marketing strategy, administration, technology, clients, customers, employees, contractors or Vendors, this may also include: pricing lists or methods, customer or information, financial performance or plans, Platform Materials, Platform passwords, eBooks, any content provided by Us, information relating to concepts, trade secrets, know-how, systems and processes (“Confidential Information”).
7.5 As a Practitioner, You agree that You will be responsible for information directly from Our Platform on Your personal computer. You acknowledge that this is confidential and not to be used for any purpose other than Our Platform and for Clients. You will be in breach of these conditions if the information is used for any other reason.
8.1 As a Practitioner, You and We agree that the relationship between You and Us does not constitute a partnership, joint venture, agency or the relationship of employer and employee. You must not hold Yourself out as being entitled to contract, make any representations or otherwise bind Us.
8.2 We will make reasonable commercial efforts to ensure that the Platform is available to the public. However, in the unlikely event that We are unable to provide the Platform, for any reason including, but not limited to, illness, injury, emergency, or Act of God, sudden event or other circumstances beyond our control (Force Majeure Event), then we will provide new dates that the Platform will be accessible. We assume no liability if the Platform or any part of it is unavailable for any period of time.
8.3 You acknowledge and agree that You are responsible for use of and access to the internet to connect to the Platform and that we are not responsible for any fees, technical problems, security breaches or system failures due to the hardware or software that You use to access the Platform.
8.5 The formation, construction, performance and enforcement of the Terms will be in accordance with the laws in force in Queensland, Australia. You and We submit to the exclusive jurisdiction of the courts of that jurisdiction.
8.6 We have the right to cease Our Website and/or the Platform. If We do this, it can be at any time and may be without notice to You. We will not be responsible for any liability in connection with any such discontinuance or exclusion.
8.7 We reserve the right to change or modify these Terms, Platform Fees and any entitlements or benefits at any time consistent with applicable laws and principles, without notice to You. These changes will be effective as of the date we post the revised version on this Website. It is Your responsibility to review these Terms prior to use and periodically throughout Your use of our Website and the Platform. If at any time You choose not to accept these Terms, You can on written notice, terminate Your Platform listing and should cease using this Website and the Platform.
8.8 Your continued use of this Website and the Platform is deemed acceptance of any modifications or amendment of these Terms.
8.9 Whenever possible, each provision of the Terms will be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of the Terms is held invalid or unenforceable, the remainder of the Terms will nevertheless remain in full force and effect and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.
8.10 You cannot assign the Terms or otherwise deal with the benefit of it or a right under it without Our prior written consent. We may assign or novate the Terms or otherwise deal with the benefit of it or right under it without Your consent.