1. Introduction
Welcome to OnCare Health (“Company”, “we”, “our”, “us”)!
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at oncarehealth.com.au (together or individually “Service”) operated by OnCare Health.
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.
Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound by them.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at support@oncarehealth.com.au so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.
2. Purchases
If you wish to purchase any service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your email address.
You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: service availability, errors in the description or price of the service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
3. Information
Pharmacists can only issue a certificate (Fair Work Act 2009) if you are required to be absent from work due to:
- Personal illness/ injury OR The need to care for a member of your family/household who is ill/injured
Pharmacists can only issue certificates:
- If in his/her professional opinion you are unfit for your work
- In relation to illnesses or injuries they are professionally qualified to assess. Advice is provided as a pharmacist, not as a medical practitioner
- From the date that the consultation took place
The consultation is not intended to replace medical treatment, opinion or diagnosis, and that if the illness or injury persists or worsens, medical attention must be sought.
Ask your employer FIRST if a certificate issued by a pharmacist will be satisfactory.
A pharmacist is not a medical practitioner and therefore cannot provide a medical certificate. The certificates issued by company are Certificates for Absence from Work (sick leave/carer’s leave certificate).
A certificate issued by a pharmacist is generally not acceptable for purposes other than as evidence to support a person’s absence from work on personal leave or carer’s leave.
Any opinion will be or has been provided as a pharmacist, not as a medical practitioner.
If a pharmacist is unable or unwilling to issue you with a certificate, and you believe you are unfit for your work, you should seek the opinion of a medical practitioner.
4. Refunds
Not Eligible for Refunds:
4.1 Patients are ineligible to request a cancellation or refund on their certificate due to errors caused by their negligence (e.g. any spelling mistake, provision of incorrect/outdated personal information, selection of the incorrect certificate service, requesting a certificate on the unintended date due to different time zones in Australia, or by any types of mistake, etc)
4.2 No refunds are granted due to the non-returnable nature of digital products once they are downloaded.
4.3 Patients are ineligible for a refund if they decide they no longer want or require the certificate.
4.4 Patients are ineligible to request a cancellation or refund if their employers do not accept the certificate issued by a pharmacist. Patients are advised to ask their employer FIRST if a certificate issued by a pharmacist will be satisfactory.
4.5 Refunds cannot be issued for misunderstandings regarding the date on certificates. Our certificates are issued for today’s date only, with no option for backdating or future dating. By using our service, you acknowledge this policy and waive the right to a refund based on the certificate’s date.
The Australian Fair Work Act 2009 gives pharmacists the right to assess symptoms and issue certificates as legitimate proof of absence from work. However, some workplace agreements or awards can require certificates from a registered medical practitioner in certain circumstances. If you believe this may be applicable to you, please confirm this before purchasing a certificate from OnCare Health.
5. Use
By accessing and using the Platform as a User, you represent and warrant that:
5.1 You are at least 18 years of age.
5.2 You are currently living in Australia and have an Australian residential address.
5.3 You have the legal right, authority and capacity to agree to and abide by the Terms of the Agreement.
5.4 Any information that you provide to us through the Platform will be accurate, complete and up-to-date.
6. Content
Content found on or through this Service are the property of OnCare Health or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
7. Prohibited Uses
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
7.1 In any way that violates any applicable national or international law or regulation.
7.2 For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
7.3 To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
7.4 To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
7.5 In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
7.6 To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
0.1 Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
0.2 Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
0.3 Use any manual process to monitor or copy any of the material on Service or for any other unauthorised purpose without our prior written consent.
0.4 Use any device, software, or routine that interferes with the proper working of Service.
0.5 Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
0.6 Attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
0.7 Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
0.8 Take any action that may damage or falsify Company ratings.
0.9 Otherwise attempt to interfere with the proper working of Service.
8. Analytics
We may use third-party Service Providers to monitor and analyse the use of our Service.
9. Intellectual Property
Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of OnCare Health and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of OnCare Health.
10. Error Reporting and Feedback
You may provide us either directly at support@oncarehealth.com.au or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable,
free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialise) Feedback in any manner and for any purpose.
11. Links To Other Websites
Our Service may contain links to third party web sites or services that are not owned or controlled by OnCare Health.
OnCare Health has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that the company 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 use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms of service and privacy policies of any third party web sites or services that you visit.
12. Disclaimer Of Warranty
These services are provided by the company on an “as is” and “as available” basis. company makes no representations or warranties of any kind, express or implied, as to the operation of their services, or the information, content or materials included therein. you expressly agree that your use of these services, their content, and any services or items obtained from us is at your sole risk.
Neither company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. without limiting the foregoing, neither company nor anyone associated with company represents or warrants that the services, their content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components or that the services or any services or items obtained through the services will otherwise meet your needs or expectations.
Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
13. Limitation Of Liability
Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if company has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of the company, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages. Some states do not allow the exclusion or limitation of punitive, incidental or consequential damages, so the prior limitation or exclusion may not apply to you.
14. Termination
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
15. Governing Law
These Terms shall be governed and construed in accordance with the laws of Australia, which governing law applies to agreement 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 Service and supersede and replace any prior agreements we might have had between us regarding Service.
16. Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
17. Amendments To Terms
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use Service.
18. Waiver And Severability
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
19. Acknowledgement
By using service or other services provided by us, you acknowledge that you have read these terms of service and agree to be bound by them.
20. Contact Us
Please send your feedback, comments, requests for technical support by
Email: support@oncarehealth.com.au
Last updated on 18 September 2024
