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Health Practitioner Terms and Conditions
1 Overview
1.1 Katina Online Pty Ltd ACN 667 690 655 ( we, us, our) operates a platform called Katina Online ( Platform), a platform developed and owned exclusively by us. The Platform analyses the health needs of patients and matches them with a suitably qualified health practitioner ( Health Practitioner). These Terms and Conditions ( Terms and Conditions) record an agreement between you ( you, your), as a Health Practitioner, and us for the purpose of your use of the Platform.
1.2 The Platform is not providing a health service, and we do not provide any healthcare or medical services. The Platform is designed for the purpose of matching patients with appropriate Health Practitioners and scheduling appointments between them based on the inputs of the Health Practitioners and patients. We are in no way liable for any health services provided by you to any such patient, whether or not that patient has matched with you through the Platform.
2 Acceptance of Terms and Conditions
2.1 By using the Platform, you are accepting these Terms and Conditions and agree to be bound by them.
2.2 We reserve the right to make changes to these Terms and Conditions from time to time without notice.
3 Use
3.1 To use the Platform, you may be required to supply the following information:
(a) Your full name;
(b) Details of current practice or place of employment, including practice name, address, contact number and email address;
(c) Details pertaining to your registration with the Psychology Board of Australia, or any other applicable regulatory body;
(d) Details of your area/s of specialisation and relevant expertise;
(e) Your email address;
(f) Your phone number;
(g) Any other information reasonably required to utilise the Platform.
( Health Practitioner Data).
3.3 To use the Platform, you must be a duly qualified health practitioner within your jurisdiction and hold and maintain all current qualifications, certifications, licences, insurances, and any other documentation required to provide the relevant health service.
3.4 You must not modify, adapt or hack the Platform or modify another website or software so as to falsely imply that it is associated with the Platform or us. You must use the Platform for its intended purpose. You may not use the Platform for any illegal or unauthorised purpose, including the transmission of malware. You must not use the Platform to violate any laws in any jurisdiction, including but not limited to copyright laws. For the avoidance of doubt, you must not infringe upon the copyrights of any other person in using the Platform.
4 Intellectual Property
4.1 Your use of the Platform is pursuant to a non-exclusive license between you and us which is granted subject to these Terms and Conditions. Nothing in these Terms and Conditions or otherwise creates an assignment of any rights in the Platform beyond the ability to use it for its intended use.
4.2 Nothing in these Terms and Conditions or otherwise creates the right for you to sublicense the Platform.
4.3 You undertake not to reverse engineer, replicate, or otherwise copy the Platform. We reserve all our rights to seek compensation, damages, injunctions, or any other remedy available to us at law if any attempt to do so, whether successful or unsuccessful, is made by you or any of your affiliates.
4.4 You must not reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform, or access to it, without our prior express written permission. We claim copyright and all other intellectual property rights over the Platform, its other services and reserve all of our rights.
4.5 All intellectual property and ownership rights subsisting in the Platform (including the user interface and the software comprising it), the data derived from use of the Platform, and any other documentation, information or materials that are supplied by us to you, remain our or our third party licensors’ exclusive property. For the avoidance of doubt, nothing in this agreement assigns any ownership rights to you.
5 Operation
5.1 You warrant that you will comply fully with all Platform operating instructions. Any failure to comply fully with operating instructions may result in the sub-par or faulty performance of the Platform.
5.2 We accept no liability, and you release us from any such liability, associated with faults or errors caused by your non-compliance with all operating instructions.
5.3 We may suspend the Platform for any one or more periods of time if we are unable to provide the Platform due to a fault or dysfunction with our servers.
6 Warranties
6.1 The Platform is made available to you on an “as is” basis. We make no warranties, representations or conditions of any kind, express, statutory or implied as to:
(a) The operation and functionality of the Platform;
(b) the accuracy, integrity, completeness, quality, legality, usefulness, safety and intellectual property rights of any of the software or content comprising the Platform; and/or
(c) the features associated with the Platform or its content.
6.2 You warrant that you meet all necessary qualifications, hold all necessary licenses, and are registered as a Health Practitioner, adhering to the standards set by the Australian Health Practitioner Regulation Agency ( AHPRA) and any other relevant regulator.
6.3 As an independent Health Practitioner, you are solely responsible for obtaining and maintaining all necessary insurances. It is your responsibility to ensure that you are adequately and fully insured and that all insurance policies are current, comprehensive, and comply with all relevant laws and regulations. We are not responsible for any claims, losses, or damages arising from or related to your failure to maintain adequate insurance coverage.
6.4 The Platform schedules appointments with patients based on your inputs and the inputs of the patient. We make no warranty or guarantee that the resulting match between patient and Health Practitioner will be suitable, including but not limited to in circumstances where you or the patient have provided inaccurate or incomplete information.
7 Limitation of liability
7.1 Your use of the Platform is at your own discretion and risk, and you will be solely responsible for any resulting loss or damage, including but not limited to, any loss of data or damage to your computer(s) or networks from viruses that may be downloaded to your computer in the course of using the Platform. Some jurisdictions do not allow the exclusion of certain warranties, the limitation or exclusion of implied warranties, or limitations on how long an implied warranty may last, so the above limitations may not apply to you. If you reside in such a jurisdiction, the above limitations shall apply to you to the fullest extent permitted under applicable law.
7.2 Where the Platform matches you with a patient, you must exercise your professional judgment to determine whether you are adequately qualified, and/or have the relevant expertise, to address the specific needs of the patient you are matched with. We accept no liability for, and you release us from and indemnify us against, any liability for costs or damages incurred due to you treating a patient for whom you are not appropriately qualified to treat.
7.3 Where you choose to utilise the patient matching functionality of the Platform, you accept full responsibility for any potential claims or disputes raised by the patient. This encompasses any claims emerging during or after your engagement with us or the Platform, relevant to the Platform or any treatment the patient has received from you.
7.4 We accept no liability for the treatment provided by you to any patient, and you hold harmless and indemnify us against any loss or damage, including legal costs, incurred by us or any third party due to any remedy, treatment or medication that you prescribe to a patient.
8 General
8.1 To the extent permitted by law, we reserve the right to create, collect and / or store any metadata resulting from your use of the Platform. To the extent permitted by law, we may use metadata for a variety of functions including (but not limited to) conducting investigations, helping us manage and administer the Platform, for purposes of search engine optimisation and to drive traffic to the Platform. To the extent permitted by law, we reserve the right to share your information (including metadata) with government agencies and authorities to the extent this is required or requested of us.
8.2 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions constitute the entire agreement between you and us and govern your use of the Platform, superseding any prior agreements between you and us.
8.3 Any part of these Terms and Conditions that is invalid, prohibited or not enforceable will not void the balance of the Terms and Conditions. All other parts will be enforced without regard to the invalid provision and continue to be valid in accordance with their terms.
8.4 We make no representations or warranties that the Platform and its content complies with the laws (including intellectual property laws) of any country outside of Australia.
8.5 Any queries about the Terms and Conditions should be sent to us by email at [admin@katina.com.au].
8.6 These Terms and Conditions are governed by the laws of Victoria in Australia. Disputes arising from your use of the Platform are exclusively subject to the jurisdiction of the courts of Victoria.
