1. ABOUT

1. Welcome to www.tabuu.com.au (the Website), owned and operated by Tabuu Pty Ltd (ABN 49 906 638 099) (Tabuu, we, us, our). The Website provides an online platform that facilitates connecting users with medical healthcare providers in the provision of healthcare services relating to quitting smoking, by providing:
   1. online appointment booking services;
   2. online payment gateway provider;
   3. opportunity to browse a Listing and purchase Products provided by the Pharmacist; and
   4. health consultation communication services between a User and Doctor.
2. Access to and use of the Website, or any of its associated products and/or Services, is provided by Tabuu.

2. ACCEPTANCE OF THESE TERMS

1. Please read these terms and conditions (the Terms) carefully. By using, browsing, signing up to and/or making payment through the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease use of the Website and the Services immediately.
2. If you are signing up on behalf of a company, you warrant that you have the authority to act on behalf of Tabuu and bind Tabuu to these Terms.
3. You accept these Terms by registering for the Services, making payment to Tabuu, browsing the Website, or by creating an account. You may also accept the Terms by clicking 'I Accept' or 'I Agree' to the Terms where this option is made available to you by Tabuu in the user interface of the Website.
4. You may not use the Services and may not accept the Terms if:
   1. you are not of legal age to form a binding contract with Tabuu; or
   2. you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
5. By engaging Tabuu or purchasing the medical assessment, you acknowledge and understand that Tabuu does not provide you with any specialist, professional or technical advice which includes but is not limited to legal, accounting, financial planning or tax advice. For further information, please read the Terms carefully.
6. By accepting these Terms, you warrant that you have familiarised yourself with, and agree to be bound by the Terms, and the Privacy Policy found at https://tabuu.com.au/policies/privacy-policy (Tabuu the Privacy Policy). If you do not agree to the Terms or the Privacy Policy, you must cease usage of the Website and any of its associated products or Services immediately.
7. Tabuu reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Tabuu updates the Terms, it will use reasonable endeavours to provide you with notice of the same. Any changes to the Terms take immediate effect from the date of their publication. The access and use of the Website by you after Tabuu makes any changes constitutes the acceptance of any such changes and you will be bound by those changes. If you do not agree to any changes, you must cease usage of the Website and Services immediately.
8. Before you continue using the Website, Tabuu recommends that you keep a copy of the Terms for your records. Tabuu recommends that you regularly check these Terms for any material changes.

3. DEFINITIONS

1. “User”, “you” or “your” means any user of the Services that has registered an Account.
2. Doctor means an Australian licensed medical practitioner.
3. Questionnaire means a medical history and symptoms questionnaire completed by the User that is submitted to the Doctor upon a Consultation booking.
4. E-Script means a valid medical prescription provided by a Doctor to the User to purchase the available Products provided by the Pharmacist.
5. Pharmacist means Direct Dispensary Pty Ltd ABN 16 687 431 613, an online pharmacy that has partnered with Tabuu and that provides the opportunity to purchase Products upon an E-Script from a User via the Services on the Website.
6. Order means the successful order to purchase Products by the User from the Pharmacist and that has been accepted by the Pharmacist.
7. Products means any products provided by the Pharmacist and available for purchase upon a valid E-Script via the Services.
8. Listing means the listing of the Products, or any associated products provided by the Pharmacist and available for purchase by the User.
9. Consultation means a booked consultation between a User and a Doctor.

4. SERVICES

1. By Tabuu offering its Service to you, you agree and acknowledge that:
   1. unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are inclusive of GST;
   2. Tabuu may receive a commission from third parties in relation to the provision of the Services and Products to you;
   3. Tabuu does not, at any time, provide any guarantees whatsoever, whether express or implied, with respect to the success of the Services, Consultation and/or Products;
   4. you shall remain solely responsible for assessing the implications and risks of using the Services; and
   5. these Terms do not create a relationship of employment, trust, joint venture, agency, partnership or other relationship of a fiduciary nature between the parties.
2. You acknowledge that Tabuu has entered into these Terms in reliance on the acknowledgements, representations and warranties given by you in these Terms and any Questionnaire.

5. REGISTRATION AND ACCOUNT SET UP

1. To access the Services and the Consultation, you are required to register for an account and complete an application form (the Account). You may register for an Account and complete the application form via the Website.
2. As part of the registration process or as part of your continued use of the Services, you will be required to provide personal information about yourself, including but not limited to, the following:
   1. your name;
   2. your date of birth;
   3. Your gender;
   4. your email address;
   5. a mailing address;
   6. your telephone number;
   7. your Medicare details;
   8. emergency contact details;
   9. a preferred username; and
   10. a preferred password.
3. You acknowledge and agree:
   1. any information you provide to Tabuu in the course of completing the registration process or the Questionnaire will always be accurate, correct and up to date;
   2. any information that you provide to Tabuu and the Doctor (including any Questionnaires) will always be accurate, correct, complete and up to date (including a full list of any current medications you are taking) and that you will not omit any information that a reasonable person would consider relevant for the provision of the Services.
   3. It is your responsibility to advise your regular doctor of any medications the Doctor via our Services have prescribed to you;
   4. providing false and misleading personal information is grounds for immediate termination of your Account or banning you from the Website without notice; and
   5. by supplying Tabuu with your address, email address and phone number, you may receive regular emails, newsletters, telephone calls or SMS updates from Tabuu to keep you informed about Tabuu’ activities and send you E-Scripts provided by the Doctor (if applicable). If you do not wish to receive updates from Tabuu, you may contact Tabuu at Hi@Tabuu.com.au
4. Tabuu will hold any information provided in relation to the Services, Questionnaire and registration process in accordance with the privacy policy available on the Website at https://tabuu.com.au/policies/privacy-policy Tabuu (the Privacy Policy).
5. Once you have completed the registration process and created an Account, you will be a registered user of the Website (the User) and agree to be bound by the Terms. As a User you will be granted immediate access to the Website.

6. YOUR ACCOUNT OBLIGATIONS

1. As a User, you acknowledge and agree that:
   1. you are solely responsible for the activity that occurs under your Account;
   2. you will safeguard against disclosure and not disclose your Account details to anyone else;
   3. you will not record the audio of a Consultation or any of the Services without the prior written consent of Tabuu and the Doctor;
   4. you have the sole responsibility for protecting the confidentiality of your password and/or email address and you will not disclose to any third party the password used to access your Account;
   5. you agree to immediately notify Tabuu in writing at Hi@tabuu.com.au of any unauthorised use of your password or email address or any breach of security of which you have become aware. Use of your password by any other person may result in the immediate cancellation of the Services and your Account;
   6. any use of your registration information by any other person, or third parties, is strictly prohibited;
   7. you will comply with the Terms and any Consultation guidelines;
   8. you will not use abusive language or engage in inappropriate conduct when communicating with anyone through the Services, which include Tabuu, the Doctor or the Pharmacist;
   9. the provision of the Services may vary and some of which may be significant:
      1. there may be instances where Tabuu may not be suitable as a platform to provide the Services;
      2. you are responsible for providing the Doctors with all the information (including information in the Questionnaire) that the Doctor may require in order to provide you with the Services and an E-Script, if determined.
      3. results cannot be guaranteed or assured, and that the Doctor may determine that Services through Tabuu may not be appropriate or provide the same level or success available to you through the Website;
   10. you will use the Website and the Services only for the purposes that are permitted by:
       1. the Terms; and
       2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
   11. access and use of the Website or the Services is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Tabuu providing the Services and only for the duration that you are a User;
   12. you must not:
       1. expressly or impliedly impersonate another User or use the Account or password of another User at any time;
       2. use the Services, Consultation or Website for any illegal and/or unauthorised use which includes collecting email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
       3. provide false information including false names, address and contact details;
       4. use the Website unlawfully or in a manner that violates any applicable laws, regulations or these Terms;
       5. hack into any part of the Website or attempt to circumvent Tabuu’ security or network or to access data not intended for you;
       6. interfere with the servers or networks connected to the Website or the Services, or violate any of the procedures, policies or regulations of networks connected to the Website or the Services;
       7. engage in conduct or do anything that may in any way limit or unreasonably or large burden of traffic demands on Tabuu’ infrastructure;
       8. act in a way that is unlawful, harassing, threatening, abusive, violent, discriminatory, intimidating, or predatory, or that otherwise would disrupt the enjoyment of the Services;
       9. create derivative works of the Website or an application substantially similar or a direct copy of the Website or any content or feature of the Website which is operated by Tabuu;
       10. copy, or produce a substantially similar platform to the one that was provided to you through the Services without written permission;
       11. resell or export the Software associated with the Website or any Services; and
       12. automate the use of the Website or the Services.
   13. you agree that any automated use of the Website, links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Tabuu.
2. You acknowledge and agree that Tabuu reserves the right, at any time and without prior notice, to remove or disable a User’s access to its Account or to the Consultation at Tabuu’ sole discretion without notice and for any reason, including, but not limited to, situations where Tabuu, in its reasonable opinion, determines that the User has violated these Terms, or may violate these Terms.

7. BOOKING YOUR CONSULTATION

1. Once you have become a User, you will be able to submit a Consultation request on your Account by selecting/clicking ‘start my consultation’ on the Services interface. Once selected, you will be prompted to provide any relevant details, select a time and date, make payment via the relevant fee, complete the Questionnaire and submit your request.
2. Upon submitting your Consultation request, you acknowledge and agree that:
   1. you will be placed on a virtual waiting queue and be contacted by the next available Doctor to undertake your Consultation; or
   2. you will receive a confirmation email by Tabuu confirming the details of your booking Consultation request with the Doctor.
3. Delivery of the Consultation:
   1. You acknowledge and agree, that if your Consultation is via telephone, the next available Doctor will contact you within a reasonable time as per clause 7.2(b) or during the time and date outlined in your Consultation booking. If you miss the telephone call, you may be required to call back immediately.
   2. You acknowledge and agree that the Doctor will review the Questionnaire and details submitted on the Consultation and provide (where necessary) health advice, techniques, and a rehabilitation plan to assist the User to gradually quit smoking.
   3. You acknowledge and agree that the Doctor may organise the Consultation through a third party platform, Tabuu may host and provide a platform for the Doctor to undertake the Consultation with the User or through platforms owned and controlled by third parties, other than Tabuu (each a Third Party Platform).
   4. You may be required to use a Third Party Platform for the Doctor to provide the Consultation to you.
   5. Tabuu is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Platform, or any platform hosted or maintained by a Third Party Platform or any changes or updates to such sites. Tabuu makes no guarantees about the content or quality of the products or services provided by such sites. If you have agreed to any Third Party Services, then the third party may contact you by email and/or phone with instructions on how to access your benefits and keep you informed of their services.
   6. By using the Services, or functionality originating from the Website, you are allowing Tabuu to share information with the Third Party Services. Any information that Tabuu is required to share is strictly for − any information necessary to provide the Services, or products, Services, and/or functionality to you.
   7. By purchasing a Consultation, you understand and agree to accept any Third Party Platform’s terms and conditions and privacy policy which governs the delivery of the Consultation.
   8. You acknowledge and agree, that Tabuu will not guarantee that a Consultation is the appropriate course of treatment for your particular healthcare condition. This assessment will be made by the Doctor. You agree to contact your own medical professional should your condition change or your symptoms worsen. If you require urgent care, you should contact your local emergency services immediately.
   9. If applicable and if you have been advised to bill to Medicare, DVA or a concession billing to the Tabuu practice. You also assign your benefits to the health professional who rendered the services.

8. E-SCRIPT AND PRODUCTS

1. Upon completion of a Consultation, the appointed Doctor may in their sole determination and discretion elect to provide you an E-Script for any prescribing medication and/or a recovery plan, if they consider it is clinically appropriate.
2. An E-Script may be submitted to the User or the User’s Account by the Doctor via sms, email or any other form of communication from the Doctor. Once uploaded to the Account, the E-Script may be used to access the Listing and purchase any Products made available by the Pharmacist through our Services.
3. You acknowledge and agree that Tabuu is not a pharmacy and therefore does not dispense any medication. You acknowledge that any Products supplied via the Website are supplied by our partner pharmacist. The Pharmacist can fulfil your E-Script and payment and Tabuu only facilitates the purchase of the Products and the payment process.
4. You agree that once your prescription has been approved by our doctor, they will share the prescription with our partner pharmacy so that your products that you have ordered can be dispensed and shipped to you.

9. PAYMENT

1. As a User, when making a request for a Consultation through our Services, you agree to make payment of the relevant fee set for the Consultation (the Consultation Fee). Also, when purchasing a Products from the Listing made available by the Pharmacist, you agree to make payment of the relevant fee and applicable service fee for the Products (the Product Fee) (collectively the Purchase Price). Tabuu reserves the right to change or alter the Purchase Price at any time, at its sole discretion, and without notice.
2. You acknowledge and agree that payment of the Purchase Price may be made through third party payment gateway providers, including: Australia post secure pay or Stripe or any other similar merchant facility payment gateways (the Payment Gateway Provider). In using the Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Provider in relation to the use of their payment facility.
3. Following payment of the Purchase Price being confirmed by Tabuu or once accepted by the Pharmacist, you will be issued with an Order confirmation and receipt through our Services and Tabuu may record your purchase details for future use.
4. The User acknowledges and agrees:
   1. that by submitting an Order for the Products, they are making an offer to purchase the Product and, if accepted, entering into an agreement to buy Products from the Pharmacist, not Tabuu;
   2. that Tabuu only offers the Services and is in no way responsible for the Products or Delivery;
   3. that Tabuu reserves its right, at any time and without prior notice, to remove or disable your access to the Services at our discretion and for any reason, including but not limited to, if Tabuu believes that the User has caused any abusive, threatening, sexist or racist comments or actions made towards the Pharmacist;
   4. that they are responsible to inquire regarding any delivery requirements of the Products before placing an Order; and
   5. to communicate with the Pharmacist respectfully and professionally.
   6. That Tabuu or the Pharmacist reserves the right to accept or reject your Order for any reason; including but not limited to stock levels and the unavailability of the Products.

10. NON-PAYMENT

1. You acknowledge and agree that where a request for the payment of the Purchase Price is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Purchase Price.

11. CANCELLATION AND REFUNDS

1. Tabuu charges the User the Purchase Fee for its Services and the Products provided by the Pharmacist. The Consultation Fee is charged at the time a Consultation booking is made and will be refunded if the Doctor cancels the Consultation, or if there is a technological failure that prevents an effective Consultation between the User and the Doctor. Technological failure is assessed and logged by the Doctor. The Consultation Fee is not refundable if you, as a User, cancel a Consultation for any reason.
2. You acknowledge and agree that an Order for Products due to regulations cannot be returned or refunded once it has been dispatched, processed and dispensed by the Pharmacist as storage conditions of the Products cannot be guaranteed, which means the Products cannot be reused. For this reason, Tabuu and the Pharmacist are unable to accept returns of the Products and provide refunds.
3. You acknowledge and agree that should you require a cancellation of your Order, which has not yet been dispatched, you may do so by contacting Tabuu immediately either by phone or email at hi@tabuu.com.au and providing your Order details and receipt. We can issue a refund on your Order, and this will be processed between 7 to 14 business days, on the basis that your Order has not yet been dispatched.
4. Any refunds granted pursuant to this clause 11 will be at Tabuu’s or the Pharmacist’s sole discretion and will not include a refund of any fees and/or commissions.

12. DELIVERY

1. Any delivery in relation to an Order will be organised directly between the User and Pharmacist. The Delivery method of an Order is by Australia Express Post or another method or use of a Delivery partner at the Pharmacist’s sole discretion.
2. The Pharmacist will confirm your order details to your email, and once processed, will dispatch your Order normally on the next working day from placement of the Order and making payment of the relevant fee. The Pharmacist will use its best efforts to ensure that Orders that are agreed to be delivered, will be delivered on time every time. However, the Pharmacist does not guarantee the delivery dates and time, or the Delivery dates and time provided by Australia Express Post. The delivery times are calculated from once the Order is confirmed by the Pharmacist to you.
3. To prevent any delivery issues from arising, the User must ensure that:
   1. all delivery information (such as recipient’s address, name and contact details) provided to the Pharmacist or on the User Account is accurate and complete; and
   2. all Order information (including any delivery instructions) is given to the Pharmacist for a particular delivery Order.
4. If the delivery information or instructions provided to the Pharmacist is not accurate, the Pharmacist will not be liable for any additional costs and expenses that may be incurred in relation to the Order (and if applicable, re-delivery) of the Products.
5. The Pharmacist may use third party independent contractors to provide the delivery of the Products. The User agrees and acknowledges that the Pharmacist may utilise a third-party platform for the delivery of the Products. The Pharmacist does not own or operate the third-party platform and the User warrants that they have familiarised themself with, and agree to be bound by, the applicable terms and conditions, privacy policy and other relevant legal documentation required by the third-party platform, prior to you using the third-party platform.
6. Where the User has provided their contact details and/or the recipient’s contact details, the User authorises the Pharmacist to disclose their contact details and/or the recipient’s contact details to the third parties for the purpose of contacting them and/or the recipient to seek further instructions or assistance in the event of any delivery issues. Where the Pharmacist is not able to contact the User, to prevent the loss of the Products, the User authorises the Pharmacist to retain the Products and the User will be liable for any additional costs and expenses that may be incurred in relation to the Products and the delivery (and if applicable, re-delivery) of the Products.
7. As part of the provision of the Services or if offered by the Pharmacist or a third party delivery provider, the User may be given the opportunity to track the location and the delivery of the Products. The User must only use the GPS location service for the sole purpose of tracking the delivery of the Products and the User must not use it for any other purposes. Further, by agreeing to the Terms, the User acknowledges and understands that the Pharmacist uses Google Maps, Google Earth or OpenStreetMaps as a third-party service provider. Accordingly, by agreeing to these Terms or by receiving the Services, the User is bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy) and the OpenStreetMap Foundation Terms of Use, Acceptable Use Policies and Privacy Policy.

13. COPYRIGHT AND INTELLECTUAL PROPERTY

1. The Website, the Services and all of the related documents, materials, Products and Services of Tabuu are subject to copyright under the laws of Australia and by International Treaties. Unless otherwise indicated, all rights in the content and compilation of the Website and Services (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, lists, design elements, interactive features) (the Content) are owned or controlled for these purposes and are reserved by Tabuu or its contributors.
2. Tabuu retains all rights, title and interest in and to the Services and Website and all related Content. Nothing you do on or in relation to the Services and Website will transfer any:
   1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright; or
   2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
   3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).
   4. or any other intellectual property whatsoever to you.
3. Tabuu, and each User retains all Intellectual Property Rights, except as stated herein, in any information, data, document, or photographs uploaded to the Website and Services (the Uploaded Content). The User grants to Tabuu a perpetual, irrevocable, non-exclusive, transferable, royalty-free licence to your Uploaded Content. Tabuu will own any results, methodologies, data or meta data, including any analyses, notes, results, or reports, which is either contained within, gleaned through, derived from, captured by, or generated by your use of the Services or the Uploaded Content (Derivative Materials).
4. The User acknowledges and agrees that Tabuu exclusively and unconditionally owns all Moral Rights in all the Derivative Materials and Content and documents relating to the Services, Website, Products and Consultation.
5. The User acknowledges and agrees that to the extent that the User has Moral Rights in any of the Content, Derivative Materials and any related documents or materials, the User will provide a Moral Rights Consent to Tabuu. Tabuu does not grant or transfer any rights whatsoever in relation to the material and/or the Content unless expressly stated herein. All other rights are expressly reserved by Tabuu.
6. Tabuu grants you a revocable, limited, non-exclusive, royalty free license to the Consultation for personal, non-commercial, educational purposes pursuant to these Terms and conditional upon the payment of the Purchase Price. You may read and copy the material to the extent necessary to use the Services and receive the Products and Consultation, but you may not publish, resell or sub-licence it.
7. For purposes of these Terms, the term "Marks" will mean the trademarks, service marks, trade names, copyrights, logos, slogans, feedback, testimonials and other identifying symbols and indicia of the applicable party. All uses of a Party’s Marks by the other Party will be in the form and manner specified in the media or promotional guidelines (if any).
8. Subject to these Terms, you hereby grant to Tabuu and its affiliates for no consideration, a limited, non-exclusive and revocable licence to use your Marks, on a royalty-free basis and for the sole purpose of performing Tabuu’s obligations and activities as set forth in the media or promotional guidelines (if any). This includes any promotion, testimonials, feedback provided by you in relation to the Consultation. This includes emails, advertisements, booklets, brochures, magazines, design publications and any other self-promotional materials. All goodwill associated with the related to the User’s Marks remains the sole and exclusive property of such Marks. Each Mark licensor reserves the right to revoke the licensee’s permission to use the licensor’s Marks where the use is noncompliant with any media or promotional guidelines or may negatively impact, or disparage their Marks.
9. The User may not, without prior written permission of Tabuu and the permission of any other relevant rights owners: broadcast, republish, upload to third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or in other way for any purpose.

14. PRIVACY

1. Tabuu takes your privacy seriously and any information provided through your use of the Website, the Services, Products or the registration process are subject to our Privacy Policy, which is available at https://tabuu.com.au/policies/privacy-policy Tabuu. You agree to be bound by the Privacy Policy.

15. GENERAL DISCLAIMER

1. 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.
2. Subject to this clause, and to the extent permitted by law:
   1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
   2. Tabuu will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantees), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services, Consultation or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
3. You acknowledge and agree that Tabuu:
   1. does not make any terms, guarantees, warranties, representations, or conditions whatsoever regarding the Services, Consultation or Products other than provided for pursuant to these Terms;
   2. does not provide any guarantees as to the quality of the Services, Consultation or Products;
   3. does not provide any guarantees as to your success upon your reliance on the information provided during the Services, Consultation or Products;
   4. Tabuu do not warrant or represent that the Products on the Listing are free from error or omission or that they have been accurately described; and
   5. takes no responsibility and makes no warranties, express or implied, in relation to the content and suitability of any Consultation between you and the Doctor. You and your Doctor are responsible for the content of the Consultation and any recommendations or communications made via the telephone call.
4. You acknowledge and agree that Tabuu only make available the Website and the Services. We are not party to any agreement entered into between a User and the Doctor and we have no control over the conduct of the Doctors or any other Users.
5. Doctors have the same duties to you as if they were consulting you in person. Doctors will make notes of their Consultation with you and it is their responsibility to hold and maintain your records as required by law. Tabuu may from time to time hold copies of notes made by your Doctor.
6. Tabuu make no warranties, whether expressed or implied, as to the Consultation with the User and Doctor conducted through our Services. You and the Doctor are solely responsible for all information and/or communication sent during a Consultation or other communication. Your doctor will keep a record of their consultation with you.
7. Use of the Website, the Services, Products and the Consultation is at your own risk. The Website, the Services, the Products and the Consultation are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. Nothing in these Terms, directors, officers, contractors, employees, agents, contributors, third party content providers or licensors of Tabuu (including any third party where the Consultation is made available to you) make any express or implied representation or warranty about its Material, Content, Consultation or any Services (including the Services or Products) referred to on the Website. This includes (but is not limited to) loss or damage you might suffer as a result of any of the following:
   1. failure of performance; error; omission; interruption, deletion, defect, failure to correct defects; delay in operation or transmission; computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct; or theft, destruction, alteration or unauthorised access to records;
   2. the accuracy, suitability or currency of any information on the Website, the Services, or any of its Consultation and any related Products (including third party material and advertisements on the Website);
   3. costs incurred as a result of you using the Website, the Services, the Products or the Consultation;
   4. the Content or operation in respect to links which are provided for the User’s convenience;
   5. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
   6. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

16. LIMITATION OF LIABILITY

1. Tabuu’ total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Tabuu is the resupply of Services to you. In the case of goods, the replacement of the goods or supply of equivalent goods, the repair of the goods, the payment of the replacing of the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
2. You acknowledge and agree that Tabuu, its affiliates, Doctors, employees, contractors, agents, contributors, third party content providers and licensors shall not be liable to you or the Pharmacist for any direct, indirect, incidental, special, consequential or exemplary damages. This includes any loss of profits, goodwill, or business reputation and any other intangible loss which may be incurred by you, however caused, including but not limited to, of a Third Party Platform or reliance on any information provided to you through the Consultation and under any theory of liability. This includes, but is not limited to, any loss of profit whether incurred directly or indirectly, any loss of goodwill or business reputation and any other intangible loss.
3. Tabuu is not responsible or liable in any manner for any site content (including the Material, Content, Consultation, Uploaded Materials, and third party content) posted on the Website or in connection with the Services, whether posted or caused by Users of the Website, by third parties or by any of the Services offered by Tabuu.
4. You are solely responsible for ensuring that the Doctors are licensed under all applicable laws and regulations to provide the Consultation services that you are seeking and receiving through the Website. You acknowledge that Tabuu strongly recommends you review the profile of the Doctors on the Website (if available) for the profession and location of the Doctors practice.
5. Other than healthcare services and the Consultation provided by the Doctor through our Website or via third party platforms, none of the information or materials that may be made available through the Website and Services (collectively “Material”) is to be regarded as medical advice, treatment, diagnosis or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective. The Material is for informational purposes only, and it is your responsibility to review and discuss the Material with the Doctors, prior to relying upon it, and it is your sole responsibility to make an assessment and determination as to the validity or accuracy of the Material. Any reliance upon the Material is done solely at your own sole risk. Tabuu will not under any circumstances be held liable for any determinations or advice received by you from the Doctors on the Website and Services. For the avoidance of doubt, Tabuu is solely facilitating the communication between the User and the Doctor and does not provide any medical advice or give any advice regarding medical conditions or injuries or symptoms.
6. Tabuu will under no circumstances be held liable for any loss or damages suffered by you as a result of medical advice received by you through a third-party Doctor in connection with the Services Tabuu. You acknowledge that Tabuu is not a party to the relationship between you and the Doctor providing healthcare services through the Website and its Services and that Doctors are independent contractors.
7. You agree and acknowledge that Tabuu connects Users with Doctors and accordingly Tabuu does not provide or offer any of the healthcare services, Consultation, Products and healthcare advice in its own capacity.

17. FORCE MAJEURE

1. Force Majeure means a circumstance beyond the reasonable control of a party and which results in that party being unable to observe or perform an obligation on time under these Terms (other than an obligation to make a payment). Such circumstances include but are not limited to:
   1. acts of God, including natural disasters;
   2. wars, riots, revolutions, civil insurrections;
   3. fires and any natural disaster;
   4. acts of public enemies, terrorists, riots, civil commotion, malicious damage, sabotage and revolution;
   5. accident, or a pandemic;
   6. failure of internet and communication services;
2. Tabuu will be excused from and not liable for any delay or failure in performance hereunder, other than the payment of money, caused by reason of a Force Majeure event.

18. INDEMNITY

1. You agree to indemnify and keep indemnified Tabuu, its affiliates, employees, contractors, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your use of the Website and/or Services, including but not limited to:
   1. any misuse of the Website, Services or Consultation by you, including and without limitation, any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you;
   2. your breach of the Terms, including any misuse of the Materials; or
   3. any activity which you engage in on the Website or Services or through Tabuu.
2. This indemnity will survive termination of the Terms.

19. TERMINATION OF SERVICES

1. The Terms will continue to apply until terminated by either you or by Tabuu as set out below.
2. If you want to terminate the Terms, you may do so by:
   1. providing Tabuu with a written notice at any time of your intention to terminate to Tabuu at hi@tabuu.com.au; and
   2. closing your Account for all of the Services which you use where Tabuu has made this option available to you.
3. Your elected termination will be effective upon receipt of the notice of your intention to terminate by Tabuu.
4. Tabuu may at any time, terminate the Terms with you if:
   1. you have breached any provision of the Terms or intend to breach any provision;
   2. Tabuu is required to do so by law;
   3. the partner (including the Pharmacist and/or Doctors), if any, with whom Tabuu offered the Services to you has terminated its relationship with Tabuu or ceased to offer the Services, Products or Consultation to you;
   4. Tabuu is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services;
   5. the provision of the Services to you by Tabuu is, in the opinion of Tabuu, no longer commercially viable;
   6. Tabuu gives you written notice that the agreement is terminated for convenience, such termination to be effective immediately upon notice thereof, notice can be given by digital means (including email);
   7. if you have used the Services:
      1. in breach of any law;
      2. in a way that is misleading or deceptive;
      3. in a way which is unreasonable as determined by Tabuu at its absolute discretion; or
      4. in a manner which can or does bring Tabuu into disrepute or could damage Tabuu’s reputation as determined by Tabuu in its absolute discretion.
5. Subject to local applicable laws, Tabuu reserves the right to discontinue or cancel your access to the Services at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services for any reason, including your breach of the Terms or any applicable law or if your conduct damages Tabuu’s reputation or interferes with the rights of those of another party.
6. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Tabuu 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.

20. DISPUTE RESOLUTION

1. If a dispute arises out of or relates to the Terms, either party may not 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):
   1. 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 actions required to settle the Dispute.
   2. On receipt of that notice (Notice) by the other party, the parties to the Terms (the Dispute Parties) must within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
   3. If for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, the Dispute Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee.
   4. The Dispute Parties are equally liable for the fees and reasonable expenses of a mediator, and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing.
   5. It is agreed that the mediation will be held in Brisbane.
   6. For the avoidance of doubt, the Dispute Parties need not attend the mediation or other means of resolution in person. The Dispute Parties may attempt to resolve the matter via any means of electronic communications.
   7. All communications concerning negotiations made by the Dispute 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.
   8. If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Dispute Party may ask the mediator to terminate the mediation and the mediator must do so.
   9. In the event that the Dispute is not resolved at the conclusion of the mediation, either Dispute Party may institute legal proceedings concerning the subject matter of the Dispute thereafter.

21. VENUE AND JURISDICTION

In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

22. GOVERNING LAW AND JURISDICTION

The Terms are governed by the laws of Queensland, 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 governed, interpreted and construed by, under and pursuant to the laws of Queensland, 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.

23. NOTICE

1. Tabuu may provide any notice to you under the Terms by sending a message to your email address. The notice provided by Tabuu to you by email shall be deemed to have been properly given on the date Tabuu sends the email, regardless of whether you have received the email.
2. Unless specified otherwise, any notices provided by you to Tabuu must be in writing and sent to hi@tabuu.com.

24. INDEPENDENT LEGAL ADVICE

The parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality, bargaining power or general grounds of restraint of trade.

25. ENTIRE AGREEMENT

The Terms and any agreement to which they refer together constitute the entire agreement between the parties concerning the subject matter of the Terms and supersede all previous communications, representations, inducements, undertakings, agreements or arrangements between the parties.

26. SEVERANCE

If any part of the Terms is found to be void or unenforceable, that part shall be severed and the rest of the Terms shall remain in force.

27. WAIVER

1. A waiver of any right, power or remedy under this Agreement must be in writing and signed by the party granting it.
2. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
3. The fact that a party fails to do, or delays in doing, something the party is entitled to do under this Agreement does not amount to a waiver.

28. ASSIGNMENT

1. Tabuu may assign or transfer its rights or obligations under the Terms without your consent.
2. You may not assign or transfer your rights or obligations under the Terms without prior written consent of Tabuu. A purported assignment without written consent will be deemed to be void and convey no rights.

29. CONTACT

If you wish to notify us about anything relating to these Terms, please contact us hi@tabuu.com.au.