1. Welcome to Kantoko

Kantoko Pty Ltd ACN 669 489 043 (we, us, our) is an online platform to connect and facilitate consultations between psychiatrists and other health practitioners with patient end-users.

The Kantoko platform is hosted at https://app.kantoko.com.au/ (the Platform). The Platform is an online marketplace which allows people seeking healthcare services to find a qualified Australian health practitioner who suits their needs, book an appointment, and have an online consultation with their chosen practitioner.

2. Acceptance and Variation of Terms

Your permission to access and use the Platform is conditional upon you agreeing to the terms and conditions set out below (Terms). You must read these Terms carefully.

By clicking an “accept” button, creating an account, or accessing or using any part of the Platform, you accept, or are deemed to have accepted (as the case may be), all of these Terms, as varied, modified or amended by us from time to time.

You agree that these Terms are enforceable in the same manner as any written negotiated contract bearing your signature. If you do not agree with these Terms, you must not create an account and must not access or use any part of the Platform.

We reserve the right to modify, permanently or temporarily disable, or discontinue any part of the Platform and to alter, amend or withdraw any part of these Terms, our Privacy Policy available at https://www.kantoko.com.au/privacy (Privacy Policy), or any information or material appearing on the Platform at any time, without liability or further notice to you. Your continued use of the Platform will constitute an automatic acceptance of any alterations, withdrawals or amendments made by us.

3. Acceptable Use

You agree that you are only authorised to use the Platform for your own personal use and for the following activities:

(a) accessing and using the Kantoko online platform and anything else hosted on the Platform; and

(b) any other purpose which we make known to you.

Your access and use of the Platform is subject to these Terms and any other terms and conditions of use that appear on the Platform and any click and accept end user licence terms, together with privacy and acceptable use standards.

4. Providers

The Platform is a platform through which people may obtain health services, including but not limited to psychiatry services, from qualified Australian healthcare providers (Providers). We operate the Platform solely as an introductory service and we take no part in the provision of psychiatry, healthcare or any other services.

All persons who obtain services from Providers through the Platform are solely responsible for determining the suitability of the relevant Providers for their particular needs. We will use our best endeavours to ensure that all Providers are appropriately qualified to legally provide the relevant healthcare services under Australian law. However, to the greatest extent permitted by law, we make no guarantees and give no warranties or assurances that the Platform, or any services provided by any Provider through the Platform, is suitable or appropriate for any person.

In cases of emergency, please contact public emergency services immediately by dialling “000” by telephone. We are not responsible for any loss, damage, cost, expense, action, claim, demand, proceeding, injury or liability, including any consequential loss or damage (Loss) suffered by any person as a result of a failure by that person or any other person to contact public emergency services.

If you are a Provider, you acknowledge and agree that additional and/or modified terms and conditions will apply to your access and use of the Platform. Such terms and conditions are available from the Platform after creating a provider account and logging in.

5. Account Creation

In order to use all of the Platform’s features, you must create an account and complete all mandatory fields in your profile or settings section of the Platform.

When creating an account, you agree that:

(a) you will not provide any false personal information and will keep your personal information accurate and up to date;

(b) you will only create one account;

(c) you will not allow anyone else to access your account;

(d) you will not create a new account if your account is disabled;

(e) we may alter any part of your user account if we receive a legitimate complaint, or otherwise form the view (in our sole discretion) that it is inappropriate or offensive; and

(f) we have the right to terminate your access to the Platform, at any time, in our sole discretion, without notice.

6. No Minors

The Platform is designed to be accessed and used only by people who are 18 years of age or older. No one under the age of 18 is permitted to access or use the Platform without first obtaining our express written authority.

7. Security

You must ensure that all login IDs and passwords required to access the Platform are kept secure and confidential. You must immediately notify us of any unauthorised use of your login IDs or passwords or any other breach of security.

Where there is unauthorised access or a breach of security, we will take appropriate steps to rectify the unauthorised use or breach of security, including by, without limitation, cancelling and resetting the relevant login IDs and passwords, and you must take all other actions that we reasonably deem necessary or desirable to maintain or enhance the security of our computing systems and networks and your access to the Platform. 

We will use all reasonable endeavours to ensure that we provide a secure environment for any data stored or hosted on our systems. You acknowledge however that no information which is available on the Internet is completely secure and you agree that we will not be liable for any Loss suffered by you or any third party should our security measures (or those of any of our service providers) be overcome or breached.

We maintain appropriate technical and operational measures, internal controls, and data security routines intended to protect your data against accidental loss or change, unauthorised disclosure or access, or unlawful destruction. We are not responsible for the security of any data stored on any personal computer, laptop or mobile device owned or controlled by you.

8. No Commercial Use

You must not use any part of the Platform for any commercial purposes, unless otherwise authorised by us. Providers whose accounts are verified by us are permitted to use the Platform for commercial purposes, subject always to these Terms.

9. Subscription

By using the Platform and creating an account (Subscription), you agree to pay the specified fee (Subscription Fee) for each subscription period (Subscription Period) according to the billing frequency (Due Date).

Your Subscription will automatically renew on the Due Date unless cancelled with at least 30 days' notice prior to that date. The Subscription Fee may be reviewed and adjusted by us with at least 30 days' notice. If you do not agree to the updated Subscription Fee, you may cancel your Subscription.

You acknowledge and agree that:

(a) our liability to you or any other person is not increased by virtue of the fact that we collect any Subscription Fees as part of your use of our Services;

(b) we may require the use of any method of payment on the Platform as we decide in our discretion;

(c) all Subscription Fees are payable in Australian Dollars (AUD$), unless otherwise specified, and you are solely responsible and liable for the payment of any foreign exchange or currency conversion fee charged by our third party payment processor, or by your financial institution; and

(d) rejected or unsuccessful payments may result in automatic cancellation of your Subscription;

(e) all Subscription Fees are non-refundable unless otherwise stated; and

(f) we may increase or decrease Subscription Fees, or introduce new fees, at any time by providing 30 days’ prior notice to you. If you do not agree to the updated Subscription Fee, you may cancel your Subscription.

We may allow you to store credit or debit card information on the Platform. If you wish to designate a different credit or debit card, or if there is a change in your credit or debit card status, you may access and modify your payment information using the Platform.

Unless otherwise expressly stated by us, all Subscription Fees are inclusive of goods and services tax (GST).

10. Cancellation

To cancel your Subscription, please follow these steps:

(a) if you do not want your subscription to renew automatically, or if you want to change or terminate your subscription, log in to your Account; and

(b) follow the instructions to manage or cancel your Subscription, even if you have deleted your Account with us or the Application from your device;

If you cancel a Subscription, you can continue to use the Platform and Service until the end of your current Subscription Fee period. The Subscription will not renew when your current term expires.

We may terminate your Subscription and/or access to the Service at any time, in which case a pro rata refund for the unused portion of the Subscription Fee will be provided.

11. Sign Up Fee

In the event that you maintain a Subscription with us for a period of 12 months, we agree to waive our initial sign-up fee of $800.00 (Sign Up Fee).

If you cancel your Subscription within 6 months of the date you commenced your Subscription, you will be required to reimburse the Sign Up Fee to us.

If you cancel your Subscription within 12 months of the date you commenced your Subscription, you will be required to reimburse 50% of the Sign Up Fee to us.

12. Chargebacks

If you initiate a chargeback on your credit or debit card, or take any similar action, you must pay us a chargeback fee of AUD $30 on demand. You acknowledge, agree and consent to us setting off any such fees against any monies which we may owe to you from time to time.

13. Promotions and Discounts

We may offer promotions and discounts from time to time. All promotions and discounts are offered subject to these Terms and any other terms and conditions specified by us.

14. No Interference

You agree that you will not:

(a) use the Platform in any way that could damage our reputation or goodwill or other rights associated with the Kantoko brand or the Platform;

(b) permit any person to access and use the Platform other than in accordance with these Terms;

(c) disable, tamper with or otherwise attempt to circumvent any billing mechanism that meters the use of the Platform by you or any other person;

(d) except to the extent that any applicable laws (including but not limited to copyright laws) prevent us from restraining you from:

     (i) reproducing, or otherwise modifying or adapting the Platform or create any derivative works based upon the Platform; or

     (ii) decompiling, disassembling or otherwise reverse engineering the Platform or permitting or facilitating any third party to do so;

(e) when accessing and using the Platform:

   (i) attempting to undermine the security or integrity of our computing systems or networks or, where the Platform is hosted or operated by a third party, the third party's computing systems and networks;

   (ii) using, or misusing, the Platform in any way which may impair its functionality, or the functionality of any other system used to deliver the Platform, or impair the ability of any third party to lawfully use the Platform;

   (iii) attempting to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which the Platform is hosted or stored;

   (iv) transmitting, or inputting into the Platform any information, data, files or other material that may damage any other person's computing devices or software, may be offensive, or which is in violation of any law (including material protected by copyright or trade secrets which you do not have the right to use);

   (v) attempting to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver or operate the Platform, except as is strictly necessary to use either of them for normal operation;

   (vi) removing or modifying any program markings or any notice of proprietary rights, including those of any third party;

   (vii) using any automated processes or means to access the Platform;

   (viii) using any software or manual repetition that will or is likely to interfere with the Platform; or

   (ix) attempting to cause stress or detriment to the proper working of the Platform, such as by:

(A) acting in any way likely to cause an unreasonable strain to the infrastructure of the Platform;

(B) reloading or refreshing transaction pages more than once every 5 seconds; or

(C) requesting any page of the Platform more than 1000 times in aggregate in any 24 hour period.

15. Availability

We will use our best endeavours to ensure that the Platform is accessible on a continuous basis, 24 hours a day, seven days a week. However, we may, without notice, suspend all or part of any access to the Platform immediately, including where:

(a) there is a malfunction or breakdown of any of our equipment or if we are required to undertake the repair, maintenance or service of any part of the Platform;

(b) it is reasonably required to reduce or prevent fraud or interference with the Platform;

(c) we are required to comply with an order, instruction or request of a government authority, or other such competent body; or

(d) we are otherwise prevented from making the Platform available by circumstances outside our reasonable control.

You acknowledge and agree that access to the Platform is reliant upon various factors outside our control, including, without limitation, you meeting the minimum technical requirements of the Platform, your Internet service provider or telecommunications provider, the speed and bandwidth of your Internet connection, the equipment or devices which you use to access and use the Platform, our hosting and web server (to the extent that we engage third party contractors) and other factors which may impact upon the delivery of the Platform to you via the Internet.

While we will use all reasonable endeavours to ensure that you have continuous access to the Platform, we will not be liable to you or any other person for any Loss to property or persons caused by such factors.

We reserve the right to restrict of remove access to the Platform for the purpose of undertaking maintenance and updating of the Platform. 

We do not warrant that any part of the Platform is or will be completely error free or free of defects. Certain parts of the Platform may be made available on an “alpha” or “beta” basis for testing purposes prior to full release and may be withdrawn or removed at any time by us without notice to you. We may not identify which parts of the Platform are released on such an “alpha” or “beta” basis. We are not responsible for any Loss to property or persons incurred as a result of the use by any person of any parts of the Platform which are released on an “alpha” or “beta” basis.

16. Copyright

Except as expressly stated by us, the information contained within the Platform (including its coding, wording, design, graphics and logos) are owned by us or our affiliates and are protected by Australian and international copyright and trademark laws (as applicable).

17. Intellectual Property

You acknowledge and agree that we or our affiliates own all rights, title and interest, including intellectual property rights and moral rights (IP Rights) in the Platform and that nothing in this agreement has the effect of, or should be construed as having the effect of, passing ownership of any of our IP Rights, or those of any third party, relating to, or in any way connected with, the Platform, to you or any other person whatsoever.

You further acknowledge and agree that we at all times retain ownership of all IP Rights created by or for us (whether or not related to the Platform and whether created before or after the commencement of this agreement) and, to the extent that any such IP Rights vest in you (by operation of law or otherwise), you hereby irrevocably assign, transfer and dispose of all such IP Rights to us with effect immediately upon such rights arising or vesting in you (as the case may be).

You must not knowingly do any act or thing in relation to data which would infringe any third party’s IP Rights. You are solely responsible for obtaining any consent, approval, authority or licence from the holders of any IP Rights required to enable you to deal with any relevant data or to do any act or thing in relation to those IP Rights.

18. Continued Development

You consent to us soliciting comments, information, requests, data, ideas, enhancement requests, recommendations, description of processes, or other information concerning the Platform from you or any person (Feedback). We own all IP Rights in any Feedback and may use such Feedback for purposes related to the Platform or the carrying out of services by us generally in our business activities without further approval or acknowledgement, and you hereby assign to us all IP Rights in any such Feedback.
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19. Privacy

These Terms are subject to our Privacy Policy which is incorporated by reference. By using the Platform, you consent to us collecting your personal information. Please read our Privacy Policy so that you are aware of how we collect and use personal information.

If, as a result of this agreement, a person (other than us) collects, or is able to access, any personal information about identifiable individuals, then that person must:

(a) comply with all relevant and applicable privacy laws and such other data protection laws as may be in force from time to time which regulate the collection, storage, use and disclosure of information, as if they were regulated by these laws;

(b) comply with any applicable privacy code or policy which has been adopted by the person who collected the personal information as if it were bound by that code or policy;

(c) take all reasonable measures to ensure that such personal information is protected against loss and against unauthorised access, use, modification, disclosure or other misuse and that only authorised representatives, employees and officers have access to it; and

(d) co-operate with the other person in the resolution of any complaint under, or relating to, any of the laws, codes or policies referred to in paragraphs (a) and (b) above.

You expressly acknowledge and agree that:

(a) your appointments and consultations on the Platform may be recorded for transcription purposes, in accordance with our Privacy Policy.

(b) any Provider to whom you provide your personal or sensitive (including, without limitation, health related) information (Personal Information), is hereby authorised to transfer that Personal Information to other Providers, to allow those Providers to provide you with services if required.

20. Third Parties

The Platform may contain links to third party websites outside our control (Third Party Websites).  We take no responsibility for content contained in any Third Party Websites, and we do not endorse any aspect of any Third Party Websites. We provide links to Third Party Websites for convenience only. You access and use all Third Party Websites entirely at your own risk.

If you choose to purchase goods or services from a third party, including from a Third Party Website accessed from or through the Platform, you are entering a separate agreement with that third party, and expressly agree that we are not a party to any such transaction. We recommend that you review the terms and conditions and privacy policy of any Third Party Website you access.

21. Off-Platform Conduct

It is a direct violation of these Terms for you to engage in an activity using information obtained from the Platform to contact, abuse, advertise, sell to, harass or harm any other person.

22. Consequences for Violation

If you violate these Terms in any way, you agree that we may in our sole discretion and without notice to you:

(a) take any legal action we have available against you;

(b) block your use of the Platform;

(c) delete your account on the Platform; and/or

(d) disclose information about you and your use of the Platform for investigation by any enforcement body for your unlawful activity.

You agree that monetary damages may not be sufficient where your actions cause Loss or damage to us and consent to us obtaining injunctive or other equitable relief against you as a consequence of your violation.

23. Disclaimer

The Platform is delivered on an “as is” and “as available” basis. In this context, we do not warrant that the Platform will be error-free or uninterrupted.

Whilst all due care has been taken in providing the Platform, to the greatest extent permitted by law:

(a) we do not provide any warranty either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose; and

(b) any condition, guarantee, or warranty which would otherwise be implied into these terms and conditions is excluded.

All due care is taken in ensuring that the Platform is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system or device which arises in connection with your use of the Platform or any Third Party Website.

We undertake to take all due care with any information which you may provide when accessing the Platform and to preserve such information in a secure manner in accordance with our Privacy Policy. We, however, do not warrant and cannot ensure the security of any information which you may provide and information you transmit to the Platform is entirely at your own risk.

We provide no warranty as to the accuracy or currency of the account information or other information or data uploaded to the Platform by any Provider or any other person.

From time to time, we may host third party content on the Platform such as advertisements and endorsements. Responsibility for the content of such material rests with those third parties and we are not responsible for any errors or omissions in such material or any damage caused either directly or indirectly by them.

24. Limitation of Liability

You acknowledge and agree that, to the greatest extent permitted by law:

(a) you access and use the Platform and any system operated by us (including but not limited to storage and hosting systems) at your own risk and expense; and

(b) you are solely liable for your own acts, omissions and negligence.

You acknowledge and agree that, to the greatest extent permitted by law, we are not liable for any Loss to property or persons as a result of, whether directly or indirectly:

(a) any wilful act, omission or neglect by you;

(b) your use, non-use or misuse of the Platform;

(c) the use, non-use or misuse of the Platform by any other person;

(d) any infringement of any third party’s IP Rights;

(e) your breach of these Terms; and

(f) any services provided by a Provider to any person through the Platform.

You acknowledge and agree that each Provider is solely responsible for his or her own actions, omissions and negligence. If you suffer any Loss because of the actions, omissions and negligence of any Provider, you agree not to take any action against us whatsoever.

25. Indemnity and Release

To the greatest extent permitted by law, you will at all times indemnify and keep indemnified us and our respective officers, employees, contractors, agents and representatives from and against any and all Loss (including legal costs and expenses on a solicitor and own client basis) incurred by any of those indemnified arising from any action, claim, demand, suit, action or proceeding (Claim) by any person against any of those indemnified where such Loss arose out of, in connection with, or in respect of:

(a) your use, non-use or misuse of the Platform;

(b) your breach of these Terms; and

(c) if you are a Provider, the provision of services by you to any person, whether through the Platform or otherwise.

You release us and our respective officers, employees, contractors, agents and representatives from all liability in relation to the matters described in this clause.

26. Reporting

If you encounter any content on the Platform that you find offensive and which you believe violates these Terms, please report the content to us by e-mailing help@kantoko.com.au. So that we can efficiently deal with your report, please ensure that your report:

(a) states the reason for your concern/s; and

(b) clearly identifies the content by providing:

    (i) a description of it; and

    (ii) a hyperlink to the specific page (if applicable).

27. Confidentiality

If you receive or encounter any information which a reasonable person would consider to be confidential in nature, you agree to contact us immediately at support@kantoko.com.au.

28. Notices and Notifications

We may send or issue notices to you from time to time:

(a) through the user interface on the Platform; and/or

(b) by email or SMS.

You consent to receiving notices by the above electronic means, including for the purposes of the Electronic Transactions Act 2000 (NSW) or any equivalent legislation. We take no responsibility for any failure of delivery of any notice or notification to you for any reason whatsoever.

29. General

29.1 Disputes

Except as permitted by law, in the event of a dispute between you and us, or between you and any other person using the Platform (such as a Provider), you must:

(a) notify us of the dispute by emailing us at support@kantoko.com.au;

(b) provide us with full and complete details of the dispute;

(c) providing such supporting information or documents as we reasonably request; and

(d) act reasonably and in good faith with the other parties to the dispute in order to resolve the dispute amicably without formal legal action.

29.2 Entire Agreement

This agreement contains the entire agreement between you and us about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is superseded and replaced by this agreement and has no further effect.

29.3 Jurisdiction

This agreement is governed by the law in force in the State of New South Wales, Australia. 

Each party submits to the non-exclusive jurisdiction of the courts of New South Wales and the courts competent to determine appeals from those courts, in relation to any proceedings that may be brought at any time relating to this agreement. 

Each party irrevocably waives any objection it may have now or in the future to the venue of any proceedings where that venue falls within New South Wales.

29.4 Severability

Any provision of these Terms that is illegal, void or unenforceable will be severed without prejudice to the balance of the provisions of these Terms which shall remain in full force and effect.

29.5 Waiver

Any failure to exercise or enforce or a delay in exercising or enforcing or the partial exercise or enforcement of any right, power or remedy provided by law or under this agreement by us will not in any way preclude, or operate as a waiver of, any exercise or enforcement, or further exercise or enforcement of that or any other right, power or remedy provided by law or under this agreement.

Any waiver or consent given by us under this agreement will only be effective and binding on us if it is given or confirmed in writing by us. No waiver of a breach of any term of this agreement will operate as a waiver of another breach of that term or of a breach of any other term of this agreement.

30. Rules of Interpretation

Unless the context otherwise requires, any terms defined in bold text have the meaning allocated to them wherever they appear in this agreement.

The following rules also apply to the interpretation of this agreement, except where the context otherwise requires:

(a) the singular includes the plural and vice versa, and a gender includes other genders;

(b) another grammatical form of a defined word or expression has a corresponding meaning;

(c) a reference to a rule, paragraph or schedule is to a rule or paragraph of, or schedule to, this document, and a reference to this document includes any schedule;

(d) a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;

(e) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;

(f) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;

(g) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;

(h) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this document or any part of it; and

(i) headings are for ease of reference only and do not affect interpretation.