TERMS AND CONDITIONS

Welcome to Primal Zone! We provide a service allowing you to obtain personalised, comprehensive diagnostics via online assessments located on our cloud-based platform (Platform) and consultations with either our Hormone Consultant or an Australian registered medical practitioner (Doctor) where applicable (Services).

In these Terms, when we say you or your, we mean both you and any entity you are authorised to represent (such as your employer). When we say we, us, or our, we mean Primal Zone Pty Ltd (ACN 667 681 263) as trustee for Primal Holdings Unit Trust (ABN 64 414 264 223).

These Terms form our contract with you, and set out our obligations as a service provider and your obligations as a customer. You cannot use our Services unless you agree to these Terms.

Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.

For questions about these Terms, or to get in touch with us, please email: ignite@primalzone.com.au.

These Terms were last updated on 27 September 2023.

OUR DISCLAIMER

We provide a service allowing you to obtain personalised, comprehensive diagnostics and insights about your health via online assessments and consultations with a Doctor (Services) only. If you require immediate medical attention, contact your treating general practitioner or call 000. 

DO NOT USE OUR PLATFORM if you have an emergency or critical medical condition including chest pain, respiratory distress, stroke, or any other illness requiring medical attention. 

If you are in doubt about the seriousness of your condition, the appropriateness or effectiveness of using our Services or believe that you, or another person is in an urgent, dangerous or emergency situation, you should not use our Services and instead contact 000 immediately or seek alternative and appropriate medical services.

OUR DISCLOSURES

Please read these Terms carefully before you accept. We draw your attention to the fact that:

  • we will handle your personal information in accordance with our privacy policy, available at www.primalzone.com.au
  • subject to your Consumer Law Rights:
    • (where our Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again;
    • our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relate;
    • we will not be liable for Consequential Loss or delays or failures in performance caused or contributed to by an event or circumstance beyond our reasonable control;
  • we may amend these Terms at any time, by providing written notice to you, and by clicking “I accept” or continuing to use our Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may stop using our Services with effect from the date of the change in these Terms by providing written notice to us;
  • where you engage third parties to operate alongside our Services (for example, any third-party software systems you wish to integrate with our Platform), those third parties are independent of us and you are responsible for (meaning we will not be liable for) the goods or services they provide, unless we expressly agree otherwise under clause 2.2; and
  • we may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link on our Platform, or for featuring certain goods or services on our Platform.

These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.

  1. Engagement and Term

    • These Terms apply from the earlier of you (a) accepting these Terms on our Platform; or (b) making payment of any part of the Fees. We grant you a right to use our Services for this period of time only (which may be suspended or revoked in accordance with these Terms).
    • You must be at least 18 years old to use our Platform.
    • Variations: We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use our Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may stop using our Services with effect from the date of the change in these Terms by providing written notice to us.

  2. Our Services

    • Our Services include providing you with access to the Platform, any consultations with either our Hormone Consultant or Doctor (where required), compiling your answers to the questionnaires and preparing a report setting out a review of your responses (Report).
    • Additional Services: If you require additional services, we may, in our sole discretion, provide such additional services (to be scoped and priced in a separate contract provided by us).

  3. Access to the Platform, Onboarding and Consultations

    • Our Platform and Services can only be accessed by accepting the invitation we send to you (Invitation).
    • You may request an Invitation by registering your interest in our Services via a form on our Platform (Invitation Request).
    • Where you have been accepted, you will receive an introduction call with us to discuss the Services we provide (Introduction Call).
    • If you agree to proceed, you will receive an Invitation from us via email, including additional information about the services we offer and a unique link to our Platform to complete any online diagnostic questionnaires required (Responses) and submit any relevant documentation as reasonably requested by us including identification and your medical history (Onboarding Process).
    • At the start of the Onboarding Process, you will receive a link via email to pay a non-refundable initial fee as set out on the Platform (Deposit). The Deposit covers the Review, Report, Feedback Call and where applicable, the Consultation.
    • Your Responses and relevant documentation will then be reviewed by us (Review). We will compile a Report in accordance with clause 4 as part of our Review. Once our Review and Report has been completed, you will receive a feedback call from us to discuss Report with you (Feedback Call).
    • You may request for a consultation with our Doctor to discuss your Report (Consultation). You may book a Consultation by notifying us via our Platform (Booking Request). We may, at our direction, accept or reject a Booking Request. Where we reject a Booking Request, we will propose alternative timeslots for you to submit a new Booking Request.
    • You must provide us all information required, including your name and contact number.
    • Once we receive your Booking Request, we will send you a confirmation by email with the Consultation details (Booking). It is your responsibility to check the details in the email or text message.
    • You may cancel your Booking at any time by emailing us, identifying your Booking and requesting cancellation of your Booking
    • Your Booking will not be cancelled until we provide confirmation of the cancellation of your Booking in writing.
    • Due to unforeseen circumstances, you acknowledge and agree that we or the Doctor may need to reschedule the date of your Booking. Where we need to reschedule a Booking, we will notify you at our earliest convenience and we will reschedule at a time to be agreed between the Parties

  4. Reports and Records

    • Our Hormone Consultant and Doctor will use information that you have provided in your Responses and through any relevant documentation to conduct a Review and compile a Report.
    • You acknowledge and agree that if you do not:
      (a) provide information that is true, correct and complete to us; or
      (b) do not complete steps in the Onboarding Process as recommended;
    • We agree to retain your Reports and any relevant medical records (Records) in accordance with all applicable Laws (including adhering to any mandated data retention periods). The Records will be held in electronic storage by us during and after the Term, having regard to our statutory obligations under the applicable Laws.
    • You agree that the Records are and will remain our property.
    • In the event of termination or expiry of these Terms, you may request a transfer of the Records to your current health practitioner.

  5. Medicine Prescriptions

    • Once you have made payment in accordance with clause 7, our Doctor will conduct a final review of your documents, including the invoice issued to you and your Report. If any additional Consultation is required by either you or the Doctor, it will be arranged accordingly (Final Sign Off).
    • The decision to prescribe any medications rests entirely with the Doctor, based on their professional judgment and in consideration of your health conditions and medical history. This is to ensure prescriptions are appropriate and safe for you to use. If the Doctor determines that a medication is not suitable or necessary for your treatment, they have the right to not prescribe it.
    • After the Final Sign Off, the prescription for your medication will be issued and sent to the pharmacy (Script). Where you request for a copy of the Script, we will send a copy to you.
    • We will send the Script directly to a pharmacy on your behalf. The pharmacy will be responsible for delivering the products to you.
    • If you require your Script to be refilled, you must contact us. Any request for a Script refill after 6 months will require you to undergo the Onboarding Process.

  6. Your Obligations

    • You agree to:
      (a) comply with these Terms, all applicable Laws, and our reasonable requests;
      (b) provide us with all documentation, information, instructions, cooperation and access reasonably necessary to enable us to provide the Services;
      (c) ensure that all information and documentation that you provide to us in connection with the Terms is true, correct and complete; and
      (d) not (or not attempt to) disclose, or provide access to, the Services to third parties without our prior written consent.
    • You agree to pay our additional costs reasonably incurred as a result of you failing to comply with this clause.

  7. Payments

    • Where you have decided to proceed further after the Feedback Call and where applicable, a Consultation, we will issue you an invoice setting out the fees that are applicable to you (Fees) which include the price of any products and Consultations with our staff.
    • The payment methods we offer for the Fees are set out on the Platform. We may offer payment through a third-party provider for example, Stripe. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions
    • You must not pay, or attempt to pay, any fees due under these Terms or as a result of your use of our Services by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third-party payment processor to debit your bank account, and you confirm that you are either the holder or an authorised signatory of that bank account.
    • Late Payments: If any fees due under these Terms or as a result of your use of our Services are not paid on time, we may:
      (a) suspend your access to our Services (including access to our Platform); and
      (b) charge interest on any overdue payments at a rate equal to the Reserve Bank of Australia’s cash rate, from time-to-time, plus 2% per annum, calculated daily and compounding monthly.
    • Taxes: You are responsible for paying any levies or taxes associated with your use of our Services, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).

  8. Platform Licence

    • While you have been sent an Invitation, we grant you a right to use our Platform (which may be suspended or revoked in accordance with these Terms). This right cannot be passed on or transferred to any other person.
    • You must not:
      (a) access or use our Platform in any way that is improper or breaches any laws, infringes any person’s rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability;
      (b) interfere with or interrupt the supply of our Platform, or any other person’s access to or use of our Platform;
      (c) introduce any viruses or other malicious software code into our Platform;
      (d) use any unauthorised or modified version of our Platform, including but not limited to for the purpose of building similar or competitive software or for the purpose of obtaining unauthorised access to our Platform;
      (e) attempt to access any data or log into any server or account that you are not expressly authorised to access;
      (f) use our Platform in any way that involves service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single user login, or time-sharing;
      (g) circumvent user authentication or security of any of our networks, accounts or hosts or those of any third party; or
      (h) access or use our Platform to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.

  9. Availability, Disruption and Downtime

    • While we strive to always make our Services available to you, we do not make any promises that these will be available 100% of the time. Our Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.
    • Our Services (including our Platform) may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.
    • We will try to provide you with reasonable notice, where possible, of any disruptions to your access to our Services.

  10. Intellectual Property and Data

    • We own all intellectual property rights in our Services (including our Platform). This includes how our Platform looks and functions, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on our Platform.
    • We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.
    • We do not own any of Your Data, but when you enter or upload any of Your Data into our Platform, you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data while you use our Services (and for a reasonable period of time afterwards). We may use Your Data (or disclose it to third party service providers) to:
      (a) supply our Services to you (for example, to enable you to access and use our Services), and otherwise perform our obligations under these Terms;
      (b) diagnose problems with our Services;
      (c) improve, develop and protect our Services;
      (d) send you information we think may be of interest to you based on your marketing preferences;
      (e) perform analytics for the purpose of remedying bugs or issues with our Platform; or
      (f) perform our obligations under these Terms (as reasonably required).
    • You acknowledge and agree that because of the nature of the internet, the processing and transmission of Your Data by us may occur of various networks, and may be transferred unencrypted.
    • You are responsible for (meaning we are not liable for):
      (a) the integrity of Your Data on your systems, networks or any device controlled by you; and
      (b) backing up Your Data.
    • When you use our Services, we may create anonymised statistical data from Your Data and usage of our Services (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve our Services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make underlying portions of Your Data identifiable.
    • If you do not provide Your Data to us, it may impact your ability to receive our Services.

  11. Confidential Information and Personal Information

    • While using our Services, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means making sure that any employees, contractors, professional advisors or agents of ours or yours only have access to confidential information on a ‘need-to-know basis’ (in other words, the disclosure is absolutely necessary), and that they also agree to not misuse or disclose such confidential information.
    • However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so.
    • We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available at www.primalzone.com.au, and applicable privacy laws.
    • You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent).
    • We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors).

  12. Consumer Law Rights

    • In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms. Our liability for a breach of your Consumer Law Rights is, unless the laws of your jurisdiction state otherwise, limited to either resupplying our Services, or paying the cost of having our Services resupplied.
    • Subject to your Consumer Law Rights, we do not provide a refund for a change of mind or change in circumstance.
    • If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

  13. Liability

    • To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with:
      (a) you not providing us with correct and complete current health and medical information;
      (b) your failure to follow any reasonable instructions provided to you by us;
      (c) any event outside of our reasonable control.
    • Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:
      (a) neither we or you are liable for any Consequential Loss;
      (b) a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate its loss;
      (c) (where our Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and
      (d) our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to the Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relate.

  14. Termination

    • We may terminate these Terms (meaning you will lose access to our Services) if:
      (a) you breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;
      (b) you breach these Terms and that breach cannot be remedied; or
      (c) you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement).
    • You may terminate these Terms if:
      (a) we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or
      (b) we breach these Terms and that breach cannot be remedied.
    • You may also terminate these Terms at any time by notifying us by sending an email to our email for notices (as set out in clause 15.8), and termination will take effect immediately.
    • Upon termination of these Terms, we will retain Your Data (including copies) as required by law or regulatory requirements.
    • Termination of these Terms will not affect any other rights or liabilities that we or you may have.

  15. General

    • Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.
    • Disputes: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
      If the Dispute is not resolved at that initial meeting:
      (a) where you are resident or incorporated in Australia, refer the matter to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation; or
      (b) where you are not resident or incorporated in Australia, refer the matter to arbitration administered by the Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in Sydney, New South Wales, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules.
    • Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including our Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.
    • Governing law: These Terms are governed by the laws of New South Wales, and any matter relating to these Terms is to be determined exclusively by the courts in New South Wales and any courts entitled to hear appeals from those courts.
    • Illegal Requests: We reserve the right to refuse any request for or in relation to our Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.
    • Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.
    • Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.
    • Notices: Any notice you send to us must be sent to ignite@primalzone.com.au. Any notice we send to you will be sent to the email address registered against your Account.
    • Publicity: You agree that, subject to your prior written consent, we may advertise or publicise the fact you are a customer of ours, for example on our website or in our promotional material, and you grant us a right to display and use your logo and branding solely for that purpose.
    • Survival: Clauses 10 to 14 will survive the termination or expiry of these Terms.
    • Third Party Sites: Our Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations in relation to the suitability of those websites. If you purchase goods or services from a third party website linked from our Platform, those goods or services are being provided by that third party, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link on our Platform, or for featuring certain goods or services on our Platform. We will make it clear by notice to you which (if any) goods or services, or website links, we receive a benefit from by featuring them on our Platform.

  16. Definitions

    In these Terms:

    • Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us any amounts for access to or use of our Services (including our Platform) will not constitute “Consequential Loss”.
    • Hormone Consultant means the non-medical practitioner that we have engaged who has experience in hormone therapy.
    • Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.
    • Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.
    • Platform means our cloud-based platform, available at https://www.primalzone.com.au/.
    • Services means the services we provide to you, as detailed in clause 2.1.
    • Your Data means the information, materials, logos, documents, qualifications and other intellectual property or data supplied by you when receiving our Services or stored by or generated by your use of our Services, including any Personal Information collected, used, disclosed, stored or otherwise handled in connection with our Services. Your Data does not include any data or information that is generated as a result of your usage of our Services that is a back-end or internal output or an output otherwise generally not available to users of our Services.