Terms & Conditions

1. Introductions

1.1 The Trustee for Optimal Male Health (ABN 29 359 335 589) (we, us, our) is an online health platform dedicated to assisting male identifying individuals with Erectile Dysfunction and Premature Ejaculation. At Optimale Health Group we:

1. Create a platform for high quality information regarding male sexual dysfunction.
2. Facilitate confidential consultations between our customers and:
   • i. Registered Australian health practitioners, Doctors and Pharmacists (Partner Practitioners);
   • ii. Allied support and Treatment Plan Managers and
   • iii. Other Australian registered health providers who provide X services such as pharmacists.

1.2 Optimale Health is an online medical platform focused in male sexual dysfunction. Optimale Health streamlines the process, allowing you to avoid booking time off work to sit in a waiting room or wait in pharmacy queues. Optimale Health connects you with Partners who provide tailored advice relevant to your concerns and within the Partner’s field of expertise or training.

1.3 Individuals are advised that the content on our Website and any communications you have with an Optimale representative (other than Partner Practitioner and Partner Providers) do not constitute medical advice. You should always obtain medical advice from a Partner Practitioner, Partner Provider or your regular doctor to ensure any particular medication or treatment is suitable and safe for you. This is because Optimale Health is a virtual medical platform that links its customers with registered health providers and allied support persons.

2. User account

2.1 To make orders through the Website or attend consultations with Partner Doctors or Partner Providers you must become a registered customer. Each customer is allowed to create a maximum of one registered customer account (Account).

2.2 Registered account holders must:

1. Be over 18 years old
2. Reside in Australia
3. Be capable of entering a legally binding agreement with Optimale Health; and
4. Agree to these Terms and Conditions.

2.3 Registered account holders are required to create an Account password and keep it secure. In order to maintain security of confidential personal information, Optimale Health requests that clients notify Optimale Health immediately if they suspect that their account has been subject to unauthorized use and change their password.

2.4 In order to register an account with Optimale Health clients will provide personal information about themselves. This information will consist of your name, age, date of birth, gender, contact details and sensitive health information. We will handle your personal information in accordance with our Privacy Policy. It is your responsibility to ensure the information you provide is up to date and complete.

2.5 The client agrees that all information provided to Optimale Health and associated Partners will be accurate and complete. Clients will not omit any information that a reasonable person would consider relevant to the services you seek through the Website.

2.6 It is the Client’s responsibility to advise your regular doctor of any medications or treatments our Partner Practitioners have prescribed to you. However, if you would like our Partner Practitioners or Partner Providers to forward information to your regular doctor on your behalf (for instance, information about medications prescribed or treatment provided to you by a Partner Practitioner), please let your Partner Practitioner know and provide your written consent for us to do so.

3. Closing your Account

3.1 If at any time you wish to close your Account you should email info@optimalehealth.com.au

3.2 If at any time you wish to unsubscribe from Optimale Health information alerts, please click the ‘unsubscribe’ button at the bottom of any Optimale Health email.

4. Services

4.1 Optimale Health takes no responsibility and makes no warranties, express or implied, in relation to the content of any consultation between you and a Partner (medical practitioner and pharmacist) .You and your Partner Doctor or Partner Provider are responsible for the conduct of each consultation and all information or communications made.

4.2 Partners have the same obligations to you as if they were consulting you in person, and may ask to follow-up with you by telephone or in person if they believe this is clinically necessary. Partners will make notes of each consultation with you and it is their responsibility, where applicable, to hold and maintain your records as required by law. Optimale Health may from time to time hold copies of notes made by your Partner and will maintain their security in accordance with our Privacy Policy.

4.3 Optimale Health does not guarantee that a consultation with a Partner is suitable for you.

5. Intellectual Property

5.1 All material on the Website, including the text, information, graphics, trading names, logos, design, layout, downloads, pricing, products and services (Content) is owned by or licensed to Optimale Health. You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content for any purpose, other than with the prior written consent of Optimale Health, or as permitted by law. All rights of Optimale Health are reserved.

5.2 ‘Optimale Health’ and the Optimale Health logo are trademarks of The Trustee for Optimal Male Health (ABN 29 359 335 589).

5.3 Trademarks used on the Website to describe third parties and their products are trademarks of those third parties.

6. Linking and Third Party Content

6.1 You must not link to, frame or mirror any part of the Website without Optimale Health’s written authorization. To discuss partnership opportunities please contact us using the details at the bottom of this form.

6.2 The Website may contain links to or display the content of third parties (Third Party Content), including links to Websites operated by other organisations and individuals (Third Party Websites). Third Party Content and Third Party Websites are not under control of Optimale Health. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.

7. Cookies

7.1 A cookie is a small text file stored in your computer’s memory or on your hard disk for a pre-defined period of time. We use cookies to identify specific machines in order to collect aggregate information on how visitors experience the Website. This information will help to better adapt the Website to suit customer requirements.

7.2 We may use third-party vendors to show our ads on sites on the Internet and serve these ads based on a user’s prior visits to our Website. We may also use analytics data supplied by these vendors to inform and optimize our advertising campaigns based on your prior visits to our Website or the websites belonging to members of our group.

7.3 While cookies allow a computer to be identified, they do not contain personal information about a specific individual. For information on cookie settings of your internal browser, please refer to your browser’s manual.

8. Capacity and Liability

8.1 To the extent permitted by law, Optimale Health is not liable for any loss or damage, howsoever caused, which may result from your use of or failure to access the Website, the content contained on the Website or due to the fact that Website content is wrong, incomplete or out of date.

8.2 To the extent permitted by law, Optimale Health disclaims any liability arising from the actions of Partner Practitioners, Partner Companions or Partner Providers. The liability for the actions of Partner Doctors or Partner Providers, including advice provided and prescriptions ordered, prepared and filled through the Website, rests solely with those third parties providers.

8.3 All health related queries should be directed to Optimale Health. Optimale Health will then advance any queries that cannot be answered by our consultants to Partners Doctors and Partner Providers .Please contact info@optimalehealth.com.au .

8.4 We have a deep understanding of the Conditions and the treatment options, but We are not registered medical practitioners or registered pharmacists and do not purport to represent Ourselves as such.

8.5 The Doctors to whom We will refer You as part of the Services are Australian registered medical practitioners familiar with the Conditions and their treatments, and the pharmacists from whom we will source Your Treatment are registered pharmacists, but We are not responsible for the manner in which they conduct themselves in the discharge of their professional duties and obligations. You release Us from and indemnify and hold harmless Us against any and all claims by You in connection with any act or omission of the Doctor or of any pharmacist from whom we source Your Treatment.

8.6 You also agree to indemnify, defend and hold harmless Us and our employees, affiliates, partners, officers, directors, contractors, licensors, service providers, suppliers, interns, sub-contractors, our referring doctors, pharmacists or other Australian registered health professionals and our agents from any claim, liabilities, expenses or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of this Agreement or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

8.7 To the fullest extent permitted by applicable law, We, our directors, officers, employees, affiliates, agents, our referring doctors, pharmacists or other Australian registered health professionals, contractors, interns, suppliers, service providers or licensors, will not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from the Services, Treatment and this Agreement or for any other claim related in any way to your use of the Treatment.

8.8 You will pay Us the Fees in relation to Your selected Plan, and any other costs, losses, damages or expenses We may suffer or incur in connection with any breach of this Agreement by You.

9. Warranty and Disclaimer

9.1 By accessing our Website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by the Website or by any Third Party Content or Third Party Website.

9.2 To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with the Website and its use are hereby excluded. By accessing our Website, you agree to indemnify Optimale Health and each of its Affiliates for any loss, damage, costs or expenses whatsoever suffered by any person or entity arising out of or in any way connected with your access to the Website.

9.3 Optimale Health makes no guarantee that the products and services provided through the Website are fit for your intended purpose. All products and services provided through the Website are provided on ‘as is’ basis without warranty of any kind, express or implied.

10. Jurisdiction

10.1 These Terms and Conditions are governed by the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.

11. Plans and Fees

11.1 Optimale Health provides two payment options for the treatment of Erectile Dysfunction and/or Premature Ejaculation, Term Plans and Monthly Subscriptions.

Term Plans

11.2 There are three Term Plan options; 4 months, 6 months and 12 months. The Fees for Term Plans can be paid in advance by credit card through Stripe. Other payment options available are internet banking and ZIP Pay.

11.3 Fees in relation to Term Plans are fully refundable in the event your condition is deemed not Treatable by the Doctor, less Doctor’s consultation fee and administration fee of $50.

11.4 You can cancel your Treatment Program at any time, however you will be charged $80 per month for the remaining months on your Treatment Program term.

Monthly Subscription

11.5 The Fees for Monthly Subscriptions are billed via direct debit monthly. All major credit cards are accepted. The subscription fee is charged via Stripe.

11.6 Fees are fully refundable in the event your condition is deemed not treatable by the Doctor. The fee refers to the initial upfront fee minus the Doctor’s consultation fee and administration fee of $25.

11.7 You can cancel your subscription at any time by emailing info@optimalehealth.com.au at least 10 business days before your next month’s subscription is due to be debited.

11.8 You acknowledge and agree to the following in relation to Treatment Fees and Plans:

1. a) If you select subscription payment option and provide Optimale Health with the associated direct debit authority:
   • i. You will not, for the term of the selected Plan, cancel without providing us prior notice by emailing us at info@optimalehealth.com.au at least 10 business days before your next debit is due; and
   • ii. After receipt of cancellation of our pay in advance plans, you will be charged $80 per month of the remainder of your plan.
   • iii. We may from time to time revise Our Fees. If and when We do, We will provide you with at least 60 days prior written notice. If you do not agree to pay the revised Fees you may cancel your plan by notifying us in writing within 30 days of you receiving our notice, regardless of whether the term on your selected plan has expired.
   • iv. If your condition is deemed not treatable by the doctor, you may be eligible for refund of certain fees in accordance with the above table in this clause 3.
   • v. Any refunds of Fees to you in accordance with this Agreement will be paid to you on the 1st business day of the following month.

12. Treatment

12.1 Clients agree to be fully transparent when informing Partners about their condition, its history, and other potentially relevant factors. Clients agree to truthfully answer any questions asked of them by the Partner Practitioners during the consultation.

12.2 Clients agree to proactively ask the Treatment Program Manager about any possible side effects of the recommended Treatment if the Doctor does not him/herself talk to them.

12.3 Clients agree to notify the Treatment Program Manager or Optimale Health in the rare situation that they encounter any problems with your Treatment, or develop any significant health complication, whether related to your condition or the treatment or otherwise. Optimale Health advises clients to seek urgent medical treatment via calling triple zero or attending their local hospital.

12.4 Clients agree to inform the Doctor of any other drugs or medications you are taking from time to time, and of any changes to your medication routine.

12.5 The Client agrees to adhere to any instructions or directions provided by the Doctor; and

12.6 The Client agrees the fees quoted by Optimale Health include all disbursements payable within the agreed term of treatment, such as the cost of medical consultations, regular performance management, medical prescriptions, administration, and any other recommended treatment charges as agreed previously in writing.

13. Confidentiality

13.1 Your submission of personal information regarding your Treatment, consultations, assessments, payment details, financial information and medical records (if applicable) are governed by our Privacy policy, accessible via this link.

14. Changes to this Agreement

14.1 We reserve the right at our sole discretion, to update, change or replace any part of this Agreement by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.

15. Contact

15.1 If you have any queries regarding these Terms and Conditions, please contact us at info@optimalehealth.com.au