Last updated: August 5, 2024

Welcome to the Zenith Clinics Pty Ltd (“Zenith Clinics”) website (the “Site”). Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Site operated by Zenith Clinics Pty Ltd (“us”, “we”, or “our”).

Your access to and use of the Site is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Site.

By accessing or using the Site, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Site.

No Medical Advice

The content on this Site is for informational purposes only and does not constitute medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare providers with any questions you may have regarding a medical condition.

Intellectual Property

The Site and its original content, features, and functionality are and will remain the exclusive property of Zenith Clinics and its licensors. The Site is protected by copyright, trademark, and other laws of both Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Zenith Clinics.

Links to Other Websites

Our Site may contain links to third-party websites or services that are not owned or controlled by Zenith Clinics. Zenith Clinics has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Zenith Clinics shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

Limitation of Liability

In no event shall Zenith Clinics, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Site; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

What personal information do we collect?

The purposes for collecting personal information include to arrange and conduct our business, understand our audiences and provide you with requested services.

General public

We may collect the following personal information:

• your name, email, address and telephone number
• your age or date of birth
• your gender.

If you are using Zenith to seek a consultation with a doctor or other practitioner or are using the Zenith client platform, we may also collect information about your medical history and medical conditions (if any). This may include: medications (past and current), allergies, your use of complementary medicines and plant-based medicine, any side effects or adverse events, immunisations, social history, family history, risk factors, and test results.

Healthcare professionals

We may collect the name, contact details and AHPRA number of health professionals.

How do we collect personal information?
We will try to collect your personal information directly from you, unless it is unreasonable or impracticable to do so.

We will only collect sensitive information (including health information) with your consent.

We collect personal information through:

• our contact us forms or internet portals (including Zenith’s Platform)
• email or phone contact;
• your access and use of our websites and social media channels;
• review of your medical records; and
• clinical trials, patient or doctor surveys, questionnaires or other trials or testing activities.

We may collect personal information from other sources including:

• Agents and service providers, including third-party service providers;
• Your guardian, family members or your doctor/healthcare provider;
• Third parties such as your health fund, hospitals or other community health services; and
• Publicly available sources including directories, listings and the internet.

Consent for SafeScripts and MyHealth Checks

As part of providing you with comprehensive and responsible healthcare, you consent to Zenith Clinics accessing and reviewing your SafeScripts and MyHealth records when you engage in a consultation with one of our Ahpra-registered doctors. This access is solely for the purpose of ensuring safe, effective, and coordinated care, allowing our medical practitioners to make informed decisions regarding your treatment plan. We prioritise your privacy and comply with all relevant privacy laws and regulations to protect your information.

How do we use your personal information?

We will primarily use your information to provide you with our services and functions.

We may use your personal information for the following other purposes.

Administrative and business purposes

• administrative and billing purposes;
• to update your contact details;
• to process and respond to your complaints and enquiries;
• to meet our legal and regulatory requirements and respond to requests for information from those bodies;
• for direct marketing;
• to provide information, offers and advice to you about both existing and new products and services; and
• to conduct business processing functions.

Research and service improvement

• to help understand adverse events, side effects, and treatment effects of therapies and other complementary therapies;
• for data research and analysis;
• for service improvement and development;
• to administer conferences, symposia, expert panels, seminars or other similar programs; and
• to administer or advise you about clinical trials, surveys or other matters, with your consent.

These activities may be conducted by Zenith or by a third party.

Assessing job applicants

• If you submit personal information when applying for a position with Zenith, the information will only be used to consider and/or act upon your application.
• We may retain your personal information for the purpose of considering your application for current or future available positions.
• This information may be shared with third party service providers retained by us to collect, maintain and analyse job applications.

When do we disclose your personal information?

Where we disclose personal information to third parties, including contractors, we endeavour to require that these third parties respect your right to privacy and comply with the Act. We may disclose your personal information to:

• facilitate the provision of any services we provide to you using third parties, including contractors, health practitioners and dispensing pharmacies;
• any Related Body Corporate or any entity which controls or holds a significant shareholding in a Group member to enable us to carry out our services and functions, as outlined in the How do we use your personal information? section;
• potential acquirers, in relation to an acquisition of Zenith’s or a Group member’s assets. We will only do so where the potential acquirer agrees to comply with confidentiality restrictions and our Privacy Policy;
• facilitate a change in the entity that controls Zenith, including any bona-fide due diligence process. We will only disclose personal information where the entity agrees to comply with confidentiality restrictions and our Privacy Policy;
• provide aggregated or de-identified information to third parties, for example, we may disclose information for research, evaluation and development purposes;
• comply with our legal and regulatory obligations; and
• meet obligations of notification to our insurer.

Overseas disclosure

While we will take reasonable steps to ensure that overseas recipients of personal information do not breach the APPs; we also acknowledge that we cannot control those events. Therefore, your acceptance of these terms indicates your express consent to the disclosure of your information for the purposes identified in this Privacy Policy to overseas recipients and your understanding that Zenith is not responsible for ensuring the actions of those third party recipients comply with the APPs. We will not be liable to you for any breach of the Act or this Privacy Policy by these overseas third parties and on this basis you consent to such disclosure.

Direct communications

We may send you communications and information about medical conditions, clinical trials, research, events, products and services that we consider may be of interest to you.

These communications may be sent in various forms, including mail, SMS and email.

If you indicate a preference for a method of communication, we will endeavour to use your preferred method.

You may opt-out of receiving communications from us at any time. You can do this by contacting us or using opt-out facilities provided in the communications. We will then ensure that your name is removed from our mailing list.

How can you access and correct your personal information?

We aim to ensure that all personal information collected is accurate, complete and up to date. To help us achieve this objective, please contact the Privacy Officer if any of your details change.

You have a right to request the correction of your personal information held by Zenith. If you believe that the information Zenith holds is not accurate, complete or up-to-date, please contact the Privacy Officer on legal@zenith.clinic in order to have the information corrected. You will not be charged a fee for the correction of your information.

You have a right to request access to any personal information we hold about you. You can request access at any time by contacting the Privacy Officer. Where we grant access, we will try to provide you with suitable means of accessing the information (for example, via mail or email). We may charge you a fee to cover our administrative and other reasonable costs in providing the information to you. We will not charge a fee making the request.

We may refuse your request for access where authorised or required by law. For example, we must refuse access where granting access would unreasonably interfere with the privacy of others. We will provide written reasons for any refusal of an access request.

How do we hold and protect your personal information?

We take reasonable steps to ensure your personal information is protected from misuse and loss and from unauthorised access, modification or disclosure. Your personal information is generally stored electronically on our software or systems or on those of our third-party service providers. Your information will be stored on servers in Australia. All electronically stored data is encrypted. Passwords are transmitted but never stored. Some personal information may also be stored in hard copy documents.

Staff will deal with personal information in accordance with this policy and will take steps to keep it secure. Access to your personal information will be limited to staff who need to access it for carrying out our services and functions, as described under the “How do we use your personal information?” section.

Complaints process

If you have a complaint or concern regarding how we have handled your information, please contact the Privacy Officer in writing (contact details are at the end of the policy). Please provide details of your complaint or concern.

Our representative will contact you within a reasonable time after receipt of your complaint. We will discuss your concerns and outline options regarding how they may be resolved. We will aim to ensure that your complaint is resolved in a timely and appropriate manner.

If you are not satisfied with how we have handled your complaint, you can contact the Office of the Australian Information Commissioner. See www.oaic.gov.au.

Disclaimer

Your use of the Site is at your sole risk. The Site is provided on an “AS IS” and “AS AVAILABLE” basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Zenith Clinics does not warrant that (i) the Site will function uninterrupted, secure, or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Site is free of viruses or other harmful components; or (iv) the results of using the Site will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Australia, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site, and supersede and replace any prior agreements we might have had between us regarding the Site.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Site.

Contact Us

If you have any questions about these Terms, please contact us at legal@zenith.clinic.