Terms and Conditions of Use
Please read these terms and conditions of use carefully (‘Terms’). These Terms provided by Lucky Health Pty Ltd (ACN 67 613 773 149) (‘Lucky Health / we / our’) govern and apply to Your access and use of the Perx Application, www.perxhealth.com and other online platforms and websites provided by Lucky Health (‘the Application’) and Lucky Health’s services available via the Application (collectively, the ‘Service’). By browsing, accessing, registering for the Application or using our Service, You agree to be bound by all of the Terms. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to You by Lucky Health in the Application. If You do not agree to all of these Terms, do not use our Service.
IMPORTANT: TRIAL USERS
USE OF THE APPLICATION DURING OUR TRIAL PERIOD(S) IS SUBJECT TO THE FOLLOWING ADDITIONAL TERMS:
- You acknowledge and agree that Lucky Health is testing its minimum viable product and delays, defects, downtime and variations will occur during our trial phase;
- You must keep the contents and operation of the Application, the Lucky Health Content and your participation in the trial process confidential and must not disclose any such confidential information without the prior written consent of Lucky Health, unless required by law.
IMPORTANT: THE SERVICE IS INTENDED SOLELY AS A TOOL TO ASSIST YOU IN ORGANIZING, UNDERSTANDING AND MANAGING HEALTH CARE RELATED INFORMATION. THE SERVICE DOES NOT INTEND TO PROVIDE HEALTH OR MEDICAL ADVICE. THE SERVICE DOES NOT CREATE ANY PATIENT RELATIONSHIP BETWEEN LUCKY HEALTH AND YOU, NOR SHOULD IT BE CONSIDERED A REPLACEMENT FOR CONSULTATION WITH A HEALTH CARE PROFESSIONAL. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THE APPLICATION OR THE MEDICAL HISTORY YOU RECEIVE THROUGH THE SERVICE.
WE DO NOT ENCOURAGE SELF-DIAGNOSIS AND/OR SELF-PRESCRIPTION. THE OPINION OF TRUSTED MEDICAL PROFESSIONALS IS REQUIRED FOR YOUR HEALTH AND SAFETY.
IN ADDITION, YOU UNDERSTAND AND AGREE THAT IN PROVIDING THE SERVICE WE RELY ON A NUMBER OF THIRD PARTY PROVIDERS, INCLUDING FOR PURPOSES OF SENDING PUSH NOTIFICATIONS, AND HEREBY DISCLAIM ANY LIABILITY WITH RESPECT TO THE SERVICE. YOU SHOULD NOT RELY ON THE SERVICE FOR ANY CONDITION OR ANY OTHER SITUATION WHERE TIMELY ADMINISTRATION OF MEDICATIONS OR OTHER TREATMENT IS CRITICAL.
- About the Application
Welcome to the Application. The Application facilitates interactions between:
- patient users (‘You’); and
making it easier for You and us to communicate, arrange payment and deliver the Service in a fast and secure manner.
- Lucky Health reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Lucky Health updates the Terms, it will use reasonable endeavours to provide You with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before You continue, we recommend You keep a copy of the Terms for Your records.
- The Application allows Members to access and use our Service. The Application offers, among other things, a convenient way to set reminders for prescription medications, to receive tailored information about Your condition, including about drug interactions and efficacy based on the conditions and/or medications You enter into Your Account settings, as well as the opportunity to participate in our Perx Rewards Program.
- Lucky Health may alter, update or discontinue the Application at any time at its discretion. You acknowledge that your download of the Application does not guarantee continuity of service.
- Lucky Health is not obliged to update or improve the Application, but may do so at its absolute discretion.
- The Service
In order to access the Service, You are required to register for an account through the Application (the ‘Account‘).
As part of the registration process, or as part of Your continued use of the Services, You may be required to provide personal information about yourself (such as identification or contact details), including:
- an email address;
- preferred username;
- a password;
- sensitive information, including Your conditions, prescribed medications, medication schedule; and
- health insurance and/or pharmacy details.
You warrant that any information You give to Lucky Health in the course of completing the registration process will always be accurate, correct and up to date.
Once You have completed the registration process, You will be a registered member of the Application (‘Member‘) and will be bound by any further terms and conditions in addition to the Terms and such terms and conditions will form part of the Terms.
You may not use the Services and may not accept the Terms if:
- You are not of legal age to form a binding contract with Lucky Health; or
- You are a person barred from receiving the Services under the laws of Australia or other countries including the country in which You are resident or from which You use the Services.
- Your obligations as a Member
As a Member, You agree to comply with the following:
- You will not share Your profile with any other person;
- You will use the Services only for purposes that are permitted by:
- the Terms; and
- any applicable law;
- You have sole responsibility for protecting the confidentiality of Your password and/or email address. Use of Your password by any other person may result in the immediate cancellation of the Services;
- any use of Your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Lucky Health of any unauthorised use of Your password or email address or any breach of security of which You have become aware;
- You must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
- any content that You broadcast, publish, upload, transmit, post or distribute on the Application (‘Your Content‘) will always be accurate, correct and up to date and You will maintain reasonable records of Your Content.
- You agree not to harass, impersonate, stalk or threaten another Member of the Application (where interaction with other Members is made available to You);
- access and use of the Application is limited, non-transferable, non-sub licensable and allows for the sole use of the Application by You for the purposes of receiving the Services;
- You will not use the Services or the Application in connection with any commercial endeavours except those that are published on the site by Lucky Health;
- You will not use the Services or Application for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application;
- You agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Lucky Health for any illegal or unauthorised use of the Application; and
- You acknowledge and agree that any automated use of the Application or its Services is prohibited.
- Content submitted by users
As part of the Service You can submit Your Content with regards to Your condition, medications, prescription schedule, health insurance policy and pharmacy. This information will be stored by Lucky Health and made available to You via the Application. Lucky Health is not responsible if Your Content is entered incorrectly or presented incorrectly via the Application or any other means. You are responsible for managing Your condition and medication regime and in the event of any uncertainty You should consult Your health care provider.
You can remove Your Content that You submitted by specifically deleting it. In certain instances, however, some of Your Content may not be completely removed and copies of Your Content may continue to exist on the Application and/or elsewhere. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of Your Content on the Application.
- Copyright and Intellectual Property
The Application, the Services and all of the related products of Lucky Health are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Application (including but not limited to information, text, graphics, logos, button icons, video images, audio clips, application, code, scripts, design elements and interactive features) or the Services are owned by Lucky Health and or its third party licensors (‘Lucky Health Content’). All rights in the Lucky Health Content are reserved by Lucky Health or its third party licensors.
All trademarks, service marks and trade names are owned, registered and/or licensed by Lucky Health (‘Lucky Health IP’).
Lucky Health grants to You a worldwide, non-exclusive, non-sub-licensable, revocable license whilst You are a Member to:
- use the Application and view the Lucky Health Content pursuant to the Terms;
- copy and store the Application and the material contained in the Application in Your device’s cache memory; and
- print pages from the Application for Your own personal and non-commercial use.
Lucky Health does not grant You any other rights whatsoever in relation to the Lucky Health Content, the Lucky Health IP, the Application or the Services. All other rights are expressly reserved by Lucky Health or its third party licensors.
Lucky Health retains all rights, title and interest in and to the Lucky Health Content, the Lucky Health IP, the Application and all related Services. Nothing You do on or in relation to the Application will transfer any:
- Lucky Health Content;
- Lucky Health IP; or
- any other intellectual property rights of Lucky health,
You may not, without the prior written permission of Lucky Health and the permission of any other relevant rights owners, broadcast, republish, up-load to a third party, transmit, communicate, post, distribute, show or play in public, adapt or change in any way the Lucky Health Content, the Lucky Health IP, the Application or the Services or third party content displayed on the Application for any purpose, unless otherwise provided by these Terms.
- Accuracy of Lucky Health Content
While great care has been taken in organizing and presenting the Lucky Health Content, Lucky Health does not warrant or guarantee its correctness, accuracy, or timeliness, including with respect to any recommended applications or the application of the Lucky Health Content to Your personal circumstances or information. The Services do not include performance of any independent analysis or investigation of any of the Your Content or the Lucky Health Content.
Lucky Health does not assume, and expressly disclaims, any obligation to obtain and include any information other than that provided in the Lucky Health Content. It should be understood that by making this material available, Lucky Health is not endorsing or advocating the use of any product or procedure described in the Lucky Health Content, nor is Lucky Health responsible for misuse of a product or procedure due to, or other consequence of, any typographical error or other inaccuracy.
- Use of Professional Judgement
Lucky Health has conscientiously and carefully tried to present the Content in conformance with the standards of professional practice that prevailed at the time of the Lucky Health Content publication. However, such standards and practices may change as new data becomes available, and You should consult a variety of sources. Lucky Health’s Content on the Application is provided for information purposes only. The Lucky Health Content is no substitute for the advice of a qualified health care provider. Always seek and never disregard the advice of Your physician or other qualified healthcare providers regarding a medical condition.
Lucky Health is not a medical organisation and cannot give You or other patient users medical advice or diagnose conditions. If You experience any pain or exacerbation or a change in medical condition, You should immediately seek appropriate medical attention. If You have a pre-existing medical condition, please consult with Your doctor prior to using the Application.
You should never disregard medical advice or delay in seeking it because of information You have received from Lucky Health or the Application.
All characters or names represented throughout the Application are fictitious and do not resemble or depict real persons or characters. Any resemblance to real persons, living or dead, is purely coincidental.
- Consumer Medicines Information (‘CMI’)
In addition to the disclaimers in clauses 6 and 7, You acknowledge that CMIs are sourced from pharmaceutical manufacturers or government databases. You acknowledge that Lucky Health is only displaying third party CMIs to You and cannot guarantee the accuracy of the content in the CMI.
- Perx Rewards program
In connection with the Service, we may make available a user rewards program (the “Perx Rewards Program”), where You can become eligible to be entered into instantaneous or weekly prize draws (‘Prize Draws’) to receive gifts, prizes and other items (collectively, ‘Rewards’) based on Your engagement with certain actions via the Application, such as when You take Your medications and supplements on schedule.
You should carefully review any additional terms and conditions governing each Prize Draw as displayed on the Application (‘Official Rules’). To the extent that the terms and conditions of such Official Rules conflict with these Terms for a Prize Draw only, the Official Rules will govern for the Prize Draw in question.
We reserve the right to determine, in our sole discretion, whether a particular action qualifies for Prize Draw eligibility. All Prize Draws will be based on a randomized probability outcome; there is no guarantee You will win a Reward.
Rewards are not transferable and can only be used in accordance with these Terms and the Official Rules.
We are not responsible or liable for any unredeemed, unused or lost Rewards.
Rewards are not redeemable for any sum of money or monetary value.
Rewards in Your account may expire 6 months after such rewards are accrued via the Service. In addition, all unredeemed Rewards may expire if no qualifying action has been made from Your Account for 6 consecutive months. We reserve the right to issue Rewards that may have a shorter expiration date, and to remove Rewards from Your Account to correct errors. You may not be provided with notice of expiration, forfeiture or removal of Rewards, and You are not entitled to any compensation for any such event.
Lucky Health reserves the right to modify or discontinue the Perx Reward Program, or any Prize Draws related thereto, at any time without notice. If You have any questions, please contact us.
- Prize Draws
The following terms and conditions apply to such Prize Draws in addition to any Official Rules:
- No entry fee will be charged to You by Lucky Health.
- You are not required to make any purchase to enter or win a Prize Draw.
- Prize Draws are sponsored by Lucky Health.
- Prize Draws are open to legal residents of Australia. Employees of Lucky Health and its affiliates and agencies are not eligible to participate in Prize Draws.
- Each Prize Draw is conducted by a computer program according to set probabilities as determined by Lucky Health.
- Winners will be notified via the Service or via email within one (1) week of the Prize Draw date.
- The odds of winning a Reward depend either on the eligible number of users or the set probability for each Prize Draw.
- No cash or substitution of Rewards is permitted, except at the sole discretion of Lucky Health for a prize of equal or greater value.
- Winners are solely responsible for any and all federal, state and local taxes, if any, that apply to Rewards.
- If a selected winner cannot be contacted, is ineligible or fails to claim a Reward within seven (7) days of the Prize Draw date, the Reward may be forfeited.
- To the extent permitted by law, Lucky Health reserves the right to disqualify any user or winner as determined by Lucky Health, in its sole discretion.
- To the extent permitted by law, Lucky Health may suspend or cancel a Prize Draw as a result of a technical error or human errors, interference or wrongdoing (suspected or actual).
- Third parties may sponsor and run Promotions through the Service (“Third Party Promotions”). Your participation in each Third Party Promotion is governed by terms and conditions provided by the third party sponsoring and running such Third Party Promotion, and You agree that Lucky Health is not responsible for any Third Party Promotions, and disclaims any and all liability relating thereto. Your participation in Third Party Promotions is at Your own risk.
- our disclosure of Your personal and sensitive information overseas;
- our use of Your personal and sensitive information;
- our ability (and our third party partners’ ability) to direct market to You; and
- our use of de-identified information provided by You.
Lucky Health reserves the right to offer You optional additional services via the Application relevant to your health and wellbeing, including:
- additional information and training about Your medication and health condition;
- services offered by Your chosen pharmacy or doctor or other health care provider; and
- information regarding joining a clinical research program.
You acknowledge that the information You may receive in relation to the above examples will be matched and targeted to Your condition or drug profile.
- General Disclaimer
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law, all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
You expressly acknowledge and agree that use of the Services and the Lucky Health Content are at Your sole risk. Lucky Health does not directly or indirectly practice medicine or dispense medical services and assumes no liability for the Services or Lucky Health Content or any results obtained from the use of such information. The information contained in the Application is not intended in any way to be used as medical advice or to replace medical advice offered to You by health care professionals familiar with Your condition. We recommend You consult with a qualified health care provider prior to using the Services.
You assume full responsibility for the appropriate use of the Lucky Health Content contained in the Application and agree to indemnify and hold Lucky Health, and its third party providers, harmless from any and all claims or actions arising from Your use of the Services or the Lucky Health Content.
- Limitation of Liability
Lucky Health’s total liability arising out of or in connection with the Services, the Lucky Health Content, or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the cost of the Services paid by You.
You expressly understand and agree that Lucky Health, its affiliates, employees, agents, contributors and licensors shall not be liable to You for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by You, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit or business (whether incurred directly or indirectly), any loss of goodwill or business reputation, loss of data and any other intangible loss.
Lucky Health’s liability in connection with the Services is reduced proportionately in the event that You contributed to any claim or loss suffered by You.
You agree to indemnify Lucky Health, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your use of the Application, the Lucky Health Content and/or the provision of Your Content to Lucky Health;
- any direct or indirect consequences of You accessing, using or transacting on the Application or attempts to do so; and/or
- any breach of the Terms.
- Third Party Interfaces
The Application may provide technology tools and communications platforms between Lucky Health, third-party partners and You. Lucky Health disclaims any responsibility for any third party communications, including:
- communications between You and a third party partner; and
- misconfiguration between the Application, pharmacies and government medication databases.
The Application may be provided with third party plug-ins or other third party software, or this may be provided as a plug-in for, or otherwise in association with, third party software. Use of any such third party software will be governed by the applicable license agreement, if any, with such third party.
Lucky Health is not responsible for any third party software and will have no liability of any kind for Your use of such third party software and makes no warranty of any kind with respect to such third party software.
If you are in the business of providing services which are similar to the Services to business users or domestic users for commercial gain, then you are a competitor of Lucky Health. [Competitors are not permitted to use or access any information or content on the Application. If you breach this provision, Lucky Health will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make as a result of such a breach.
- Termination of Contract
You may suspend Your use of the Application by deleting it from your device at any time.
If You want to terminate these Terms and your Membership, You may do so by notifying Lucky Health in writing.
Lucky Health may, at any time, suspend or terminate these Terms with You and/or Your Membership if:
- You have breached any provision of the Terms, or Lucky Health suspects that You have breached these Terms (in its absolute discretion);
- Lucky Health forms the view, in its absolute discretion, that your use of the Application and the Services may result in harm to your health and wellbeing;
- Lucky Health is required to do so by law;
- Lucky Health is transitioning to no longer providing the Services to Members in the country in which You are resident or from which You use the Service; or
- the provision of the Services to You by Lucky Health is, in the opinion of Lucky Health, no longer commercially viable.
When the Terms come to an end, all of the legal rights, obligations and liabilities that You and Lucky Health have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely. Any indemnities are intended to survive termination of these Terms.
You are not entitled to a refund or compensation upon suspension or termination of these Terms or Your Membership unless otherwise required by law.
- Dispute Resolution
If a dispute arises out of or relates to the Terms, neither party may commence any tribunal or court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:
- Within 10 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, 10 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Chair of the Resolution Institute (ABN 69 008 651 232) or his or her nominee;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- The mediation will be held in New South Wales, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
Termination of Mediation:
If 8 hours have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
- Governing Law
The Services offered by Lucky Health is intended to be viewed by residents of Australia. The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be exclusively governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
- Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and You have had the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
The rights and obligations of Members under these Terms are personal. You may not assign, encumber or otherwise deal with such rights and obligations without the prior written consent of Lucky Health.
- Entire agreement
These Terms embody the entire agreement and understanding between the parties concerning its subject matter and succeeds and cancels all other agreements and understandings concerning the subject matter of these Terms and any warranty, representation, guarantee or other term and condition of any nature not contained in these Terms is of no force or effect.
A single or partial exercise or waiver of a right relating to these Terms will not prevent any other exercise of that right or the exercise of any other right.
A party will not be liable for any loss, cost or expense of any other party caused or contributed to by any waiver, exercise, attempted exercise or failure to exercise, or any delay in the exercise of, a right.