Welcome to Optimale Health. You acknowledge that when you make your payment to Us in respect of Your selected Plan, an agreement comes into effect between You, the Client, and We, Optimal Male Health Pty Ltd, ABN 29 359 335 589) on the terms and conditions below (referred to as this Agreement).
In consideration for the Fees, We will provide You with the ongoing Services in support of Your selected Plan, in accordance with this Agreement.
3. Plans and Fees
We offer 3 month, 6 month and 12 month Plans. Payment in full is accepted on all major credit cards. You acknowledge and agree to the following in relation to Treatment Fees and Plans:
If You select subscription payment option and provide Us with the associated direct debit authority:
- You will not, for the term of the selected Plan, cancel that authority or otherwise alter it without providing us prior notice in writing; and
- We will continue to provide the Services and to charge the associated monthly Fees beyond the initial minimum 3, 6 or 12 month term unless and until You provide Us with one month’s prior written notice (by email or post) that You wish to cancel the Plan.
- After receipt of cancellation, you will be charged $495
- 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. If You cancel Your Plan in this manner, you will still remain liable to pay the Fees up until the revised Fees take effect.
- 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.
- 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.
You agree to:
- fully and transparently inform the Doctor of Your Condition, its history and any other potentially relevant factors, and fully and truthfully answer any questions asked of You by the Doctor;
- 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;
- notify the Treatment Program Manager or Us in the rare situation that You encounter any problems with your Treatment, or develop any significant health complication, whether related to Your Condition or the Treatment or otherwise;
- inform the Doctor of any other drugs or medications You are taking from time to time, and of any changes to your medication routine;
- adhere to any instructions or directions provided by the Doctor; and
- the fees quoted by Us include all disbursements payable within the agreed term of treatment, such as the cost of medical consultations, regular performance management, medical prescriptions, dispatch, administration and any other recommended treatment charges as agreed previously in writing.
We and the Doctor will keep all information regarding Your Condition and Your consultations and assessments, and if applicable Your credit card and other financial information, confidential. This clause survives the termination of this Agreement.
Capacity and liability:
You acknowledge and agree as follows:
- We have a deep understanding of the Conditions and of treatment options, but We are not registered medical practitioners or registered pharmacists and do not purport to represent Ourselves as such.
- 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.
- 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.
- 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. .
- 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.
Changes to this Agreement:
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.
This Agreement is governed by the laws in force in New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.