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: 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.
Welcome to the Application. The Application facilitates interactions between:
making it easier for You, Commercial Partners, Reward Partners and us to communicate, arrange payment and deliver the Service in a fast and secure manner. Our Commercial Partners, Reward Partners and their employees, contractors, agents and assigns are also governed by these Terms, and references to “You” will also mean Commercial Partners/Reward Partners and their employees, agents and assigns that use the Application unless the context clearly indicates otherwise.
In order to access the Service, You are required to register for an account through the Application (the ‘Account‘). Typically, Your access to the Application as a User, will be authorised via the Commercial Partner that has enabled Your access and Your ongoing use of the Application and Your Account is subject to the Commercial Partner maintaining Your Account access on Your behalf.
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:
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. You must also update the information You have uploaded into the Application where such information changes at any time.
You also acknowledge that as a User, the “display name” You create when using the Application in Your profile is visible to other users of the Application.
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:
As a Member, You agree to comply with the following:
You will use the Services only for purposes that are permitted by:
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.
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:
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:
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.
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 application, 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.
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 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.
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.
In connection with the Service, we may make available a program of rewards (the “Reward Program”) to You, where You can be eligible to be to receive gift cards, have charity donations made by Lucky Health to nominated charities (noting that such donations are not considered tax deductible donations by You) and other items (collectively, “Rewards”) in connection with Your skill in performing actions (“Rewarded Actions”) demonstrated by using the Service, such as when You verify and take Your Medications according to Your medication schedule, and any other related actions except that Lucky Health will not require You to advocate/review our Service/the Application or complete marketing/promotional surveys or programs as part of the Reward Program.
We offer differing Reward Programs to different Commercial Partners (and their members) and the Reward Programs in place with the Commercial Partner that has allowed Your access will be the Reward Programs available to You. If You do not have a Commercial Partner then We will assign a Reward Program at the sole discretion of Lucky Health.
We reserve the right to determine, in our sole discretion, whether a particular action qualifies as a Rewarded Action for the Reward Program. After taking such Rewarded Actions You may be automatically entered to an instantaneous game with the opportunity to receive a reward from the Rewards pool (“Reward game”) to be supplied by our Rewards Partner. Please note that You may be required to provide additional information to Lucky Health or a Rewards Partner in order to redeem certain Rewards, and processing fees may also be applicable to Rewards redemption.
We will use reasonable efforts to ensure that Your Perx Rewards are viewable via Your Account within 7 days. You should contact us if it has been more than 7 days and the Rewards have not been applied to Your Account. We may also, at our discretion, delay any Reward redemption in order to validate or verify Your actions via the Service.
You acknowledge and agree that
Lucky Health reserves the right to modify or discontinue the Reward Program, or any Rewards related thereto. If You have any questions, please contact us.
As noted above, You can become eligible to be entered into a Reward Game for the chance to receive Rewards via the Service based upon the completion of Rewarded Actions. The following terms and conditions apply to such Reward Games:
Third parties (i.e. our Rewards Partners) may sponsor and provide Rewards as part of the Reward Program. Your participation in each Reward Game is governed by these Terms but Your redemption and use of any Reward will be governed by the terms and conditions of redemption/usage as stipulated by the third-party Rewards Partner provider, and You agree that Lucky Health is not responsible for any third-party Reward terms and conditions, and disclaims any and all liability relating thereto. Your use and participation in Rewards is at Your own risk.
Lucky Health reserves the right to offer You optional additional services via the Application relevant to your health and wellbeing, including:
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. For the avoidance of doubt, Lucky Health does not monitor Your use of the Lucky Health Content or the information You submit into the Application, in particular, Lucky Health does not advise You on Your medication use or misuse (for example, Lucky Health does not notify You if Your medication use is not occurring as recommended or if a medication is no longer compliant or recommended for your condition).
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, or where Services are provided without payment by You (i.e. a Commercial Partner provides Your access), the total amount payable to You in the event liability cannot be lawfully excluded will not exceed $100.
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:
The Application may provide technology tools and communications platforms between Lucky Health, third-party partners (such as Commercial Partners and Rewards Partners) and You. Lucky Health disclaims any responsibility for any third-party communications, including:
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.
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:
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.
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:
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.
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.
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.
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.