ART OF SMILES

Terms of Service – Patient User

1. Background

1.1 United Dental Pty Limited ACN 628 486 368 (We, Our or Us) provides the “DrChat”mobile app for booking and managing dentist appointments, patient communications and accessing medical documents. DrChatenables Patient Users (which includes Patients, and Authorised Persons that have authority to act on behalf of the Patient) to book appointments, communicate with their healthcare provider and use other related functionalities.

1.2 In these Terms, a reference to You or Your is a reference to a Patient User (being the Patient and/or an Authorised Person, as applicable) of DrChat. Other capitalised words are defined at the end of these Terms.

1.3 These Terms set out the basis on which We permit You to access DrChat. By accessing and using DrChat, You agree to be bound by these Terms as amended from time to time.

1.4 We may amend these Terms at any time by publishing the amended version on DrChat or by otherwise providing notice to You, such as by email or notification in the mobile app. Any such amended version will apply to Your use of DrChat from the date of its publication or Our notice to You.

2. Your access to DrChat

2.1 We grant You access to DrChat on the basis that You:

(a) will comply with these Terms at all times; and

(b) will comply with any reasonable request by Us or Your Practitioner or Clinic in relation to Your use and access of DrChat.

2.2 By accepting these Terms, We grant You a limited, non-exclusive and revocable licence to access and use DrChat. We may issue this licence to You on any further terms or limitations as determined by Us.

3. Account registration

3.1 In order to access DrChat, You must register an Account. We may set registration requirements at Our discretion, including those contained in clause 3.2.

3.2 You agree and accept that:

(a) as a Patient User, You must verify Your identity by supplying at least three forms of unique identification in order to use DrChat, including but not limited to a current mobile telephone number that We can reach You on, Your surname and Your date of birth. If You do not provide Us with this information, We are unable to provide You with access to DrChat;

(b) You are responsible for correctly setting up Your Account, and for any information that You (or any Authorised Person) enter into DrChat;

(d) in order to protect Your Personal Information and Health Information, We may restrict access to Your Account until Your identity can be verified, including where You fail to supply the correct verification information for Your Account; and

(e) an Authorised Person who registers or uses a Patient User’s Account in DrChat other than the Patient themselves warrants that they are an authorised representative of that Patient, or a parent or legal guardian of the Patient, and have the requisite authority to act on behalf of the Patient with respect to the Patient User’s Account and to bind the Patient and itself as the Authorised Person, to these Terms.

4. Acceptable use and Your obligations

4.1 In accessing or using DrChat, You must ensure that You do not:

(a) breach any laws, or encourage or assist the commission of any illegal act;

(b) infringe any person’s rights, including intellectual property and proprietary rights, rights of confidentiality or contractual rights;

(c) include any material that contains any virus or harmful code, or program that is designed to impair the performance of DrChat or any device accessing DrChat

(d) impersonate any other person;

(e) negatively impact any other Patient User’s ability to access and use [App name];

(f) publish or link to malicious content;

(g) vexatiously or frivolously use DrChat

(h) make a Booking via DrChat, and fail to take all reasonable steps to either attend that Booking or provide reasonable notice of any cancellation;

(i) engage in conduct that is unlawful, defamatory, obscene, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person, or which is reasonably likely to damage Our reputation or Our services; or

(j) record or publish the medical advice provided to you within a telehealth booking facilitated by the Platform.

4.2 By making a Booking or requesting a telehealth consultation with one of the doctors via DrChat, You acknowledge and agree that:

(a) all information that You have provided to Us or Your Practitioner via DrChat is accurate and truthful, including within Your Booking or a telehealth conference request;

(b) Your Practitioner and Clinic may set additional eligibility or other requirements that apply to Your request for a Booking or telehealth consultation;

(c) the Platform, including the Booking and telehealth consultations feature or services, must not be used for any emergency or life threatening conditions, illnesses or injuries. If You need emergency assistance please call 000 for immediate help;

(d) to access and use telehealth consultations, You must reside in Australia;

(e) We and Your Practitioner or Clinic make no representations and provide no guarantee that You will be prescribed any medication, provided with a referral or receive any particular medical outcome via an appointment Booking and Our services. This will be assessed by Your Practitioner based on their assessment and understanding of Your medical history and Your clinical need;

(f) We provide DrChat only that enables communications between You and Your Practitioner (including via requests for Bookings and telehealth consultations), and are in no way responsible for the provision of healthcare to You. Your Practitioner and Clinic are solely responsible for any medical or clinical care or treatment that is or is not provided to You; and

(g) You must raise any concerns, including concerns with any requirements or recommendations of Your Practitioner in relation to a prescription, referral, or any other medical advice provided to You, with Your Practitioner directly.

4.3 Creating an Account on DrChat is free.

5. Availability of DrChat

5.1 While we take all reasonable steps to limit any interruptions to Your access to DrChat, You acknowledge and agree that:

(a) Your access to DrChat may be prevented by issues outside of Our control;

(b) We do not promise continuous or error-free access to DrChat, including as to any third party services facilitated by the Platform such as telehealth consultations;

(d) You are able to prepare for, or manage, unscheduled unavailability of DrChat by:

(i) keeping Your mobile app up to date, which will store local copies of the data stored within DrChat;

(ii) printing hard copies of the information stored within DrChat; or

(iii) contacting Your Practitioner directly.

6. Third party information

6.1 You acknowledge and agree that:

(a) DrChatprovides links to third party information and websites;

(b) We are not responsible or liable in any way for any information contained on any linked third party website, including medical or clinical information; and

(c) We provide and operate DrChat only, and are not responsible for, or liable with respect to, the accuracy or completeness of any information or data which is provided or communicated to You via DrChat by Your Clinic or Practitioner, or any other user of DrChat.

7. Data

7.1 We take the security of DrChat and the privacy of Patient Users very seriously. You agree that:

(a) You will not do anything to prejudice the security or privacy of Our systems or of the information on Our systems;

(b) You are solely responsible for the security of Your login details for accessing DrChat; and

7.2 We will do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards, however You accept that the internet is not a fully secure environment and We cannot accept responsibility for misuse or loss of, or unauthorised access to or disclosure of, information where the security of the information is not within our control. If You provide Us with information via the internet (including any images and sensitive medical information), You do so accepting this risk.

7.3 We may limit the amount of data that You can store in DrChat, and will advise You of such limitation. Data that is stored with Us will be stored according to accepted industry standards.

7.4 We will perform backups of DrChat in a reasonable manner at such times and intervals as are reasonable for Our business purposes. We do not warrant that We are able to backup or recover specific Patient User content from any period of time, unless so stated in writing by Us.

8. Privacy

8.1 By using DrChat, You acknowledge and agree that:

(a) We will collect any Personal Information (including any Health Information) You provide to Us or Your Clinic or Practitioner via DrChat, and We will manage and deal with this Personal Information in accordance with Our Privacy (Privacy Policy), as amended from time to time;

(b) We will share Your Personal Information or Health Information with any Clinic or Practitioner authorised by You, or with whom You request a Booking, a telehealth consultation, or otherwise communicate with via DrChat;

(c) the Clinic You request a Booking or a telehealth consultation with, or otherwise communicate to, via DrChat may have its own policy governing access to this information – Our Privacy Policy does not govern, and We make no representations in relation to, how Your Clinic or Practitioner handles Your Personal Information, and You should direct any such enquiries to them directly;

(d) any consent given by You through DrChat is valid and binding unless and until revoked by You, and a Clinic or Practitioner may rely on a consent given through DrChatwithout any need to further verify that consent;

(e) We may send You emails, text messages, push notifications and other alerts on behalf of Us or Your Clinic and their Practitioners, for purposes such as confirming your Booking or a telehealth consultation, providing clinical or appointment reminders, notifying you when new medical documents are available for your review, facilitating patient surveys and providing You with Your password to access DrChat; and

(f) We may also collect browsing information (including aggregated statistical information such as information about Your online preferences and movements) about You from Your use of Our website and Platform, which uses cookies (a small tracking code in Your browser). This information may be collected on an identifiable basis. You may manage how You handle cookies in Your browser settings.

(g) We may access and collect your geo-location. This permission is requested from You when You access the feature and information is only collected during the check-in process. Any geo-location data collected will only be used for the purpose of delivering the service.

8.2 If, at any time, You provide or upload Personal Information (including Health Information) or other information about someone other than You to Our Platform, You warrant that You have that person’s consent to provide such information to Us for the purpose specified, and to Our collection and handling of the Personal Information in accordance with these Terms and Our Privacy Policy.

8.3 If You provide anyone else access to DrChat (including providing anyone else with Your login details to DrChat), then You consent to that person accessing DrChat on Your behalf, including accessing Your Personal Information.

8.4 If You suspect any misuse or loss of, or unauthorised access to or disclosure of, Personal Information in connection with DrChat, You must let Us know immediately.

9. Suspension or termination of access

9.1 We may, in Our sole discretion:

(a) revoke, suspend or end Your licence and access to use DrChat; and

(b) cancel or otherwise terminate Your Account with immediate effect.

9.2 We will ordinarily advise a Patient User of any suspension, revocation or termination, however We are under no obligation to do so.

9.3 If Your Account is cancelled or We otherwise permanently end Your access to DrChat, information We have collected about You may be either:

(a) permanently deleted or de-identified; or

(b) retained in accordance with any applicable regulatory requirements.

9.4 Termination or expiration of Your licence or access to use DrChat will not affect any accrued rights, indemnities, or any other provision of these Terms which are intended by their nature to survive termination or expiration.

10. Intellectual property

10.1 We (or Our licensors) retain ownership of all intellectual property rights in and to DrChat, including messages and content We make available to You.

10.2 Nothing in these Terms transfers any intellectual property or proprietary rights in DrChat. Except as permitted by these Terms or under the Copyright Act 1968 (Cth), You must not:

(a) copy, upload, transmit, reproduce, distribute or in any way exploit or commercialise any services, content, technology or intellectual property rights obtained through Your use of DrChat;

(b) reverse engineer, decompile, modify, translate, use for competitive analysis, create derivative works from, disassemble, disable or tamper with any part of the software forming part of DrChat; or

10.3 You grant Us a royalty-free, sub-licensable, transferable, irrevocable, worldwide and perpetual licence to use, reproduce, adapt and display any contributions You make to DrChat in connection with its operation by Us, including without limitation insights, ideas, feature requests, suggestions or other information provided by You with respect to DrChat.

11. Liability and indemnity

11.1 To the extent permitted by law, You acknowledge and agree that:

(a) Your use of DrChat is at Your own risk;

(b) You are solely responsible for Your use of DrChat and for the accuracy and suitability of any information or data that You upload to, or obtain from, DrChat, including any third party services facilitated by DrChat;

(c) We make no representation or warranty that an appointment time is actually available, or that a Clinic will confirm a Booking request or respond to a telehealth consultation request within a certain timeframe (or at all). It is Your responsibility to contact the Clinic if You experience any issues with Your Booking request, Booking, Reminder, Recall, telehealth consultation request or any other communication with a Practitioner or Clinic that is made via DrChat, including any delay;

(d) DrChat is not designed for, and must not be relied upon in relation to, any critical, emergency or acute care medical circumstances.

(e) DrChat does not provide medical advice, nor does it hold itself out to provide medical advice;

(f) We provide and operate DrChat only, and are not responsible or liable for the conduct or activities of other third parties, including any third party service provider, Clinic or Practitioner, including any clinical care or advice You are or are not provided with by Your Clinic or Practitioner; and

(g) under no circumstance will We be liable for:

(i) any illness, injury, or death resulting from use of DrChat; or

(ii) any other any direct or indirect, incidental or consequential damages, loss or corruption of data, or any other similar or analogous loss resulting from Your access to, use of, or inability to use DrChat or any content, whether based on warranty, contract, tort, negligence, in equity or any other course of action, and whether or not We knew or should have known of the possibility of such loss.

11.2 You agree to indemnify Us for any loss, damage or claim (including the loss or corruption of data, goodwill, bargain, opportunity or of anticipated savings) that We may suffer or incur as a result of any breach by You of these Terms.

11.3 Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories, and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, We together with Our related entities exclude all conditions and warranties that may be implied by law.

12. General

12.1 You acknowledge that You have not relied on any representation, warranty or statement made by Us, other than as set out in these Terms or Our Privacy Policy.

12.2 No clause of these Terms will be deemed waived and no breach excused unless such waiver or consent is provided in writing.

12.3 The laws of the state of New South Wales, Australia govern these Terms, and You agree to the non-exclusive jurisdiction of courts in the State of New South Wales, Australia for any disputes which might arise.

12.4 Any clause which is invalid or unenforceable is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of these Terms.

12.5 You may not assign or otherwise create an interest in Your agreement with Us without Our prior written consent. We may assign or otherwise create an interest in Our agreement with You under these Terms by written notice to You.

13. Interpretation

13.1 The following terms are used regularly throughout these Terms and have a particular meaning:

(a) Account means a registered Patient User’s account on DrChat.

(b) Authorised Person means any person who has authority to act on behalf of the Patient, including a parent or a legal guardian of the Patient, or a representative of the Patient who is authorised to include information on DrChat on the Patient’s behalf.

(d) Health Information has the same meaning as in the Privacy Act.

(e) Clinic means a medical practice, healthcare practice, Practitioner or other organised or incorporated body that provides healthcare services and has access to and use of DrChat.

(f) Patient means a patient or consumer (or potential patient or consumer) of health services of a Clinic.

(g) Patient User means the Patient, or an Authorised Person who has authority to act on behalf of the Patient, who accesses or uses DrChat to request a Booking or a telehealth consultation or otherwise communicate with a Clinic.

(h) Personal Information has the meaning given to that term by the Privacy Act.

(i) Practitioner means a medical practitioner, health professional or other individual who You engage with via DrChat.

(j) Privacy Act means the Privacy Act 1988 (Cth).

(k) Telehealth consultation means the feature of the DrChat that enables a Patient to make certain online requests for a prescription, referral, information about a medical result, a short call back, or any other online request that DrChat or the treating doctor makes available.

(l) Recall means a clinical reminder sent to a Patient via DrChat.

(m) Reminder means an upcoming appointment reminder sent to a Patient via DrChat.

(n) Terms means these Terms of Service.

13.2 The following rules apply unless the context requires otherwise:

(a) headings and explanations are for convenience only and do not affect interpretation;

(b) the singular includes the plural and the opposite also applies;

(d) a reference to legislation is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it;

(e) mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included;

(f) a reference to a party to these Terms or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives); and

(g) a reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.

14. Contacting us and complaints

14.1 All questions, comments, requests or complaints regarding these Terms can be sent by email to aos@aosmiles.com.au. We will aim to resolve any issue raised with You directly and promptly.

14.2 Please otherwise contact Your Practitioner or Clinic directly if You have any questions or concerns about their response to Your Booking request or any other communications or Your clinical care more generally.