Terms, Conditions & Disclaimer

TENDER HEALTHCARE TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE TENDER HEALTHCARE WEBSITE.

The TENDER HEALTHCARE website is intended solely as a portal for connecting Patients seeking second opinions, treatment options and fee estimates for their healthcare needs, with Providers who offer healthcare services. All interactions, transactions, rights and responsibilities, both clinical and financial, beyond the simple connection of Patients with Providers, is a matter for those parties.

THIS WEBSITE IS NOT A SUBSTITUTE FOR MEDICAL OR HEALTHCARE ADVICE – INDEPENDENT MEDICAL OR HEALTHCARE ADVICE SHOULD BE SOUGHT PRIOR TO UNDERGOING ANY TREATMENT.

IF YOUR HEALTH CONCERN IS URGENT, INCLUDING IF YOU HAVE A MEDICAL EMERGENCY, YOU SHOULD SEEK URGENT MEDICAL OR HOSPITAL ATTENTION IN PERSON AND NOT USE THIS WEBSITE.

By using this website, you signify that you have read and agree to be bound by, these terms and conditions of use, and you represent that you are at least 18 years and have the authority to enter into the Terms of Use.

----

The following provisions govern your use of the TENDER HEALTHCARE website ("tenderhc.com”) and all other services made available to you through the TENDER HEALTHCARE website.

Please also see our Privacy Policy.

This website is owned and operated by GLOBAL HEALTHCARE ENTREPRENEURS PTY LTD, ACN: 627 347 862.  Tender Healthcare is a registered trademark, business and trading name of GLOBAL HEALTHCARE ENTREPRENEURS PTY LTD, that is subject to Copyright protections.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

GENERAL TERMS AND CONDITIONS

Throughout the site, the terms “Tender”, “Tender Healthcare”, “we”, “us” and “our” refer to GLOBAL HEALTHCARE ENTREPRENEURS PTY LTD. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions of use (“Terms of Service”, “Terms”, “Terms and Conditions of Use”, “Terms and Conditions”, “Terms of Use”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, Providers, Patients and/ or contributors of content.

Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions of Use. If you do not agree to all the Terms, then you may not access the website or use any services. You are urged to review these Terms and Conditions of Use each time you access the website – if, at any time, you do not agree to ALL of these Terms, do not use the Tender Healthcare website.

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. We reserve the right to refuse service to anyone, for any reason, at any time.

We reserve the right to update, change or replace any part of these Terms and Conditions of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Any new features or tools which are added to the current website shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. You must not use any means of automatically searching or mining data from the TENDER HEALTHCARE website or in any way interfere or attempt to interfere with the proper operation of the TENDER HEALTHCARE website.

You agree not to take any action that imposes an unreasonable burden on our infrastructure or otherwise tampers or interferes with the TENDER HEALTHCARE website, our systems or data or those of any third party via the TENDER HEALTHCARE website.

 

USER SUBMISSIONS

It is a requirement of these Terms and Conditions that all information or content you post and/or submit to be posted or used on the TENDER HEALTHCARE website, including all advertisements, logos, trademarks, photos, designs, illustrations, images and records, are either your own (of you), or are those for which you have the express permission from their owner (someone else), for their use or you are the legal guardian of the owner (someone else).

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Subject to any other provisions of these Terms, by submitting information or content to any part of the TENDER HEALTHCARE website, you automatically grant to us, or warrant that the owner of such information has expressly granted to us, a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use, analyse, interpret and share the information, internally and confidentially, for the purposes of amending, improving, expanding and developing our Service.

You warrant that all information you post to the TENDER HEALTHCARE website:

  1. complies with all relevant laws;

  2. does not infringe the intellectual property rights (including but not limited to copyright and trademarks) of any person, company or organisation;

  3. is not misleading or deceptive nor likely to mislead or deceive;

  4. does not violate any privacy laws or regulations or confidentiality restrictions. You warrant that all information submitted by you and posted on the TENDER HEALTHCARE website, is true, complete and correct.

You must not post any information which:

  1. is libellous, defamatory, obscene, offensive, sexually explicit, fraudulent, false, unlawful, or contrary to the ownership or intellectual property rights of any other person, or

  2. contains any virus, worm, Trojan or other code which is contaminating or destructive to the files, data or programs of the TENDER HEALTHCARE website or any of our users.

If, at our request, you send certain specific submissions (for example reviews and ratings) or without a request from us you send creative ideas, suggestions, testimonials, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

RATINGS & REVIEW SYSTEM

We may, from time to time, allow users who engage with each other through the TENDER HEALTHCARE website, to rate or review their experience with the other party. While we verify that feedback comes from users who legitimately engaged with each other through using our Service, the content of the rating or review is the user’s opinion only.

The ratings and reviews are a collection of user feedback/opinion and do not constitute an endorsement, recommendation or opinion by us in connection with any user. For more information on how our rating and review system operates, please visit https://www.homeimprovemnetpages.com.au/trust . Ratings and reviews are not a substitute for undertaking your own inquiries as to the suitability of a Provider of healthcare services for your particular circumstances.

You acknowledge that, in submitting any rating/review, you will act honestly and fairly and that you will not do anything which might unfairly damage the reputation of another person, company or organisation, or undermine the operation of the ratings and review system. We reserve the right to remove any and all submissions to the rating and review system which we deem to be inappropriate, deceptive or does not adhere to our system guidelines, which can be viewed here: https://tenderhc.com/code-of-conduct/

 

REVIEW OF ALL INFORMATION AND SUBMISSIONS

All information you provide, including profile information, personally identifiable information, confidential information, medical history information, files and records that you upload, messages that you send and receive, your activity in dialogue, discussion, ratings/reviews and forums on the TENDER HEALTHCARE website, are subject to review, monitoring, modification and deletion without notice by us, should we deem them to be inappropriate for any reason or in breach of these Terms. Monitoring of this information also assists us internally to refine and improve our Service. You should be aware that personally identifiable and confidential information, you choose to disclose on the TENDER HEALTHCARE website, may be used by Providers to whom you have disclosed the information and such use is beyond our control.

We may deny you access to all or part of the TENDER HEALTHCARE website and/or suspend or cancel your service registration and account without notice if we, in our sole discretion, determine that you have engaged in conduct that violates any law or any provision of these Terms and Conditions or is otherwise inappropriate. We will not be liable for any loss, financial or otherwise, or missed business opportunity, that may result from the suspension or cancellation of your service registration and account.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

 

COPYRIGHT AND TRADEMARKS

The entire content and design of the TENDER HEALTHCARE website, including all trademarks, text, images, audio and video files, is proprietary to us and is protected by copyright laws. The TENDER HEALTHCARE website is for your personal, non-commercial use.

You may not reproduce, modify, copy, distribute, transmit, communicate, display, publish or use any material contained in the TENDER HEALTHCARE website, and/or our various communications with you, without our express prior written permission.

You may not use any of the information or content on the TENDER HEALTHCARE website for commercial purposes or to establish, operate or maintain your own product or service offering. You acknowledge that any breach by you of this paragraph may cause damage to us which cannot adequately be remedied by damages and that if you breach or act in a way which threatens to breach this paragraph, we may seek injunctive relief against you.

The TENDER HEALTHCARE name and logos appearing on the Website are trademarks belonging to TENDER HEALTHCARE. Any use of these trademarks without our prior written permission is a breach of the Australian Trade Marks Act 1995 (Cth) and relevant laws in other countries and is expressly prohibited. Third party trademarks may appear on this Website and all rights therein are reserved to the registered owners of those trademarks.

TENDER HEALTHCARE grants you a limited, revocable, non-exclusive right to create a hypertext link to the home page of the TENDER HEALTHCARE website, provided that you have an active account for Service on the website and such hyperlink does not portray TENDER HEALTHCARE in a false, misleading or otherwise illegal or offensive manner. You may not make any part of the website available as part of another website by use of inline imaging, framing technologies or any other method of incorporating parts of the website into another site without the prior written permission of TENDER HEALTHCARE. You will be liable for any direct or indirect consequences of hyperlinking or framing and will fully indemnify TENDER HEALTHCARE in respect of any loss or damage suffered in respect thereof.

 

GENERAL DISCLAIMER

The TENDER HEALTHCARE website is provided on an 'as is, with all faults and as available' basis and to the extent permitted by law without any warranties of any kind, either expressed or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, warranties of title or non-infringement, or warranties arising from course of dealing or custom of trade.

We make no representation or warranty that any content of the TENDER HEALTHCARE website is accurate, complete, appropriate, reliable or timely. We also make no representation or warranty that your access to and use of the TENDER HEALTHCARE website will be uninterrupted, secure, error-free, free of viruses or unauthorised code or other harmful components.

We reserve the right to discontinue operating the TENDER HEALTHCARE website at any time without notice. Prices for our services are subject to change without notice.

Your use of the TENDER HEALTHCARE website is at your own risk. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of the TENDER HEALTHCARE website.

Neither we nor anyone else involved in creating, producing or delivering the TENDER HEALTHCARE website, our communications with you, or the materials contained therein assumes any liability or responsibility for the accuracy, completeness or usefulness of any information provided therein, nor, to the extent permitted by law, shall any of them be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of your use of, or inability to use, the TENDER HEALTHCARE website.

We strive to provide valuable and accurate information. The editors of the material contained in the TENDER HEALTHCARE website have consulted sources believed to be reliable in their efforts to provide information that is correct at the time of posting. However, in view of the possibility of error by the authors, editors, or publishers of the works contained in the TENDER HEALTHCARE website neither we nor any other party involved in the preparation of material contained in the TENDER HEALTHCARE website or in our correspondence with you, represents or warrants that the information contained therein is in every respect accurate or complete, and they assume no responsibility for any errors or omissions or for the results obtained from the use of such material. You are encouraged to confirm the information contained therein with other more reliable, primary and timely sources.

Consumers reading articles or other material posted on the TENDER HEALTHCARE website or in our communications with you, should review the information carefully. The information is not intended in any way to be a substitute for professional healthcare advice and TENDER HEALTHCARE is not a Provider of healthcare services. Neither the content nor any other service offered through the TENDER HEALTHCARE website or our communications is intended as professional healthcare advice.

 

PROVIDER SUITABILITY & INTERACTION DISCLAIMER

While we do ensure that healthcare Providers listed on the TENDER HEALTHCARE website are registered in the appropriate categories of service, with the relevant regulatory and licensing bodies, at the time of their initial service registration and account set-up, we do not do this on an ongoing basis. As circumstances can change in this regard, it is your responsibility to ensure the Provider you are working with meets all the legal, ethical, moral and technical specifications required to provide you with the service you seek.

We do not examine, determine or warrant the ongoing certification and/or licensing, competence, solvency or information of any healthcare professional or facility listed on the TENDER HEALTHCARE website. We rely on the professionals or the facilities listed on the TENDER HEALTHCARE website to provide accurate information and assume no responsibility for verifying the information provided.

Use of our Service to locate a professional or facility is wholly voluntary and, to the extent permitted by law, in no event will we or any of our agents be liable for damages to any user of our Service for the selection of a healthcare professional or facility or for the services provided by any healthcare professional or facility listed therein, or for any other loss or damage which may occur as a result thereof. We recommend that you check the certification and/or licensing of any healthcare professional or other service provider with the applicable licensing Board or agency.

Many health professions are now governed in Australia by the Australian Health Practitioner Regulation Agency (AHPRA), who maintain a current, searchable register of health professionals, which can be viewed here: https://www.ahpra.gov.au/Registration/Registers-of-Practitioners.aspx

You should satisfy yourself as to the competence, solvency, insurances and licensing of anybody you decide to consult with as a result of a connection made through our service. Under no circumstances shall we be liable for any damages whatsoever as a result of losses caused to you by a person or entity that you consult as a consequence of using our service.

TENDER HEATHCARE simply enables a connection between users via the website and, thereafter, all dealings and communication regarding appointments, prescriptions or any treatment arising therefrom will be between the “Patient” and “Provider” and TENDER HEATHCARE is not responsible in any manner for any dealings between the Patient and the Provider, and has no liability in respect of such dealings whatsoever.

TENDER HEATHCARE is not an agent for any of the Providers listed on this website and has no responsibility for and no liability whatsoever in respect of the conduct of the Provider, appointment scheduling or the provision of a health service by a Provider.

If your health concern is urgent, including if you have a medical emergency, you should seek urgent medical or hospital attention in person and NOT use this website.

 

PROVIDER RESPONSIBILITIES

Registered Providers must:

  • pay the stated annual recurring service fees prior to utilising the service;

  • use the Services in accordance with these Terms, solely for the purpose of promoting its practice;

  • hold throughout the use of the Service, all licences with all relevant regulatory boards and/or other bodies, councils or authorities necessary, together with relevant insurances, to enable the Provider to legally practice and deliver the relevant healthcare services in the jurisdiction in which the Provider operates;

  • operate ethically, morally and to the standard expected of a healthcare professional. Failure to maintain acceptable standards will result in suspension of service and the decision of TENDER HEALTHCARE, as to what is considered an acceptable standard or a breach thereof, is final and absolute.

  • ensure that any Content provided is accurate and up to date and remains accurate and up to date and it will indemnify TENDER HEALTHCARE for any Claim resulting from outdated or inaccurate Content;

  • notify TENDER HEALTHCARE of any change to any of the Providers qualifications, certifications, licences and permits necessary for it to provide the relevant healthcare services or of any breaches of any laws, rules, regulations, industry codes or serious claims for misconduct or professional negligence by the Provider which may impact its ability to provide healthcare services;

  • when using the Service, actively and consistently ensure its profile is accurate and up to date;

  • actively work with TENDER HEALTHCARE to promote the website to its existing patients and clients so that those patients and clients;

  • encourage patient and client use of the website and the Services by provision of in-practice materials including but not limited to brochures, flyers, decals and posters and by way of co-branding and marketing to those patients and clients and where and when relevant the use of direct links from the practice website, if there is one, to the TENDER HEALTHCARE website;

  • ensure that only the registered Provider is permitted to access the Services. Other Providers, even if they work in the same Practice as a registered Provider, are not entitled to access the Services until they become a registered Provider;

  • notify TENDER HEALTHCARE of any complaints relating to the Services received by Patients obtained through the TENDER HEALTHCARE website;

  • maintain as confidential and keep secure all information regarding a Patient and any other data received from TENDER HEALTHCARE, and not disclose or use any information regarding a Patient or any other data received from TENDER HEALTHCARE other than for the purposes of the provision of the relevant healthcare services;

  • maintain as confidential and keep secure any passwords or other security credentials relating to the Services;

  • comply with all applicable privacy and information laws and regulations so far as they relate to the Providers collection of Patients personal and health information and will indemnify TENDER HEALTHCARE against Claims that result from non-compliance with this provision;

  • notify TENDER HEALTHCARE immediately of any unauthorised access of, or data breach relating to, the Services;

  • comply with all applicable laws in relation to its use of the Services;

  • not use the Services to advertise or perform any commercial or other form of solicitation that is not authorised by TENDER HEALTHCARE;

  • not treat patients who utilise the Service differently to its other patients including by charging them additional fees that it does not charge its other patients;

  • as much as possible, abide by the “Tender” offer made through the Service. While Providers are not bound to charge what they quote or “tender” if the case varies dramatically from what was represented by the Patient, they must also have a good reason for amending the fee charged. Providers will be expected to justify any variations in fees charged compared to the initial tender offered and Providers who consistently change fees will have access to the site terminated. TENDER HEALTHCARE’s decision in this regard is final and absolute; and

  • accept sole responsibility for its provision of healthcare and managing its relationship with its patients, including the collection of fees from those patients. TENDER HEALTHCARE is not a party to any dealings, arrangements, agreements or similar between the Provider and the Patient and the Provider must not purport to bind TENDER HEALTHCARE in any way.

  • acknowledge and agree that TENDER HEALTHCARE is not a healthcare provider and is not liable in any respect for the care of a Patient. As between the Provider and TENDER HEALTHCARE, the Provider is solely responsible for the care of its Patients.

  • indemnify TENDER HEALTHCARE against any and all Claims arising from or related to any treatment provided (or which was failed to be provided) by the Provider to a Patient, or arising from or related to the Providers wrongful use of the Services, or arising from or related to a breach of applicable privacy laws.

 

PROVIDER SERVICE FEES & CANCELLATION POLICY

Providers must pay an annual recurring service fee of $415, plus the prevailing rate of GST, in advance, every year on the date of the Provider registration anniversary. Failure to pay the annual service fee will result in immediate suspension of service.

To prevent service interruption, Providers agree that the annual recurring service fee will be automatically deducted from their credit card listed in their account and that it is the Providers sole responsibility to ensure credit card details remain current. Providers authorise TENDER HEALTHCARE to automatically deduct the stated service fee, on a recurring annual basis, until such time as the Provider cancels their registration to the service in writing.

Cancellation of registration to the service can be made at any time, however there will be no pro-rata refund of fees paid and no refunds of annual recurring service fees are permissible at any time, for any reason.

To avoid the next annual recurring service fee being automatically deducted, written notification of cancellation must be received by TENDER HEALTHCARE, no later than 30 days prior to the due date for payment of the annual recurring service fee.

Should a late cancellation notification be received (i.e. notification of cancellation with less than 30 days until the due date for payment of the annual recurring service fee), the Provider agrees, accepts and authorises that a final payment will be deducted, on the due date set. Under these circumstances, the Provider can choose to utilise the service for a further 12 months or not, with all future recurring charges being cancelled and access to the service ending at the next registration anniversary date.

If a Provider was registered to TENDER HEALTHCARE under the special introductory offer of two year’s registration for the price of one, they must pay the listed annual service fee, in advance, for a single year. The Provider must list a credit card in their account and maintain current details of this form of payment. At the end of the introductory two-year period, Providers registered under this arrangement will revert to a standard registration, with payment recurring annually as outlined above. The standard cancellation policy applies equally to Providers registered under this introductory arrangement, in that a minimum 30 days written notice of cancellation is required before the end of the two-year period, otherwise a further annual charge will be processed.

 

PUBLICITY AND THIRD PARTY USE AND DISCLOSURE OF PROVIDER INFORMATION

Providers agree that TENDER HEALTHCARE may use any Provider content for the promotion and marketing purposes of TENDER HEALTHCARE and grants TENDER HEALTHCARE an irrevocable licence to use such content in this way, providing that TENDER HEALTHCARE does not knowingly use any Provider Content for promotion or marketing purposes in a way which would detract from the good name and reputation of the Provider. The Provider must obtain any necessary consents or approvals for such use of the Provider. Such licence shall continue despite any termination of this Agreement. Providers agree that TENDER HEALTHCARE may place any Provider on any third-party websites or infrastructure or supply to third parties any Provider Content in order to offer the Services through a different website or through a partner organisation.

 

 

THIRD-PARTY LINKS

The TENDER HEALTHCARE website may contain links to web sites operated by third parties. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site or any changes or updates to such sites. The appearance of any product, service or web site link on the TENDER HEALTHCARE website and/or in our communications with you, does not imply endorsement, approval or warranty by us and we disclaim all liability with regard to any such products, services or web site links.

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.




PROHIBITED USES

In addition to other prohibitions as set forth in the Terms and Conditions of Use, you are prohibited from using the site or its content:

  • for any unlawful purpose;

  • to solicit others to perform or participate in any unlawful acts;

  • to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

  • to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

  • to submit false or misleading information;

  • to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

  • to collect or track the personal information of others;

  • to spam, phish, pharm, pretext, spider, crawl, or scrape;

  • for any obscene or immoral purpose; or

  • to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

PAYMENT FACILITATOR

We use Stripe as a third-party service provider for internet based payment services to facilitate payments for transactions between you and us. You agree to be bound by the Stripe Privacy Policy which is located here: https://stripe.com/au/privacy/ and hereby consent and authorise us and Stripe to share any information and payment instructions you provide with one another and, to the extent required to complete your transactions, with any third-party service provider(s). You also agree to be bound Stripe’s User Terms which are located here: https://stripe.com/au/legal.

 

REGISTRATION

You must register and obtain a service account in order to submit information to the TENDER HEALTHCARE website. After you have registered, you will receive communications from us, confirming your registration details. Your service account will then be activated and you will have established a username and password.

You must not disclose your password to any third party and you are responsible for keeping it confidential. We will never ask you to send your password or other sensitive information to us in an email or to enter it via any website other than one with an URL beginning with “tenderhc.com”. If you suspect any unauthorised use of your service account or access to your password, please change your password immediately and contact us. You are solely responsible for any and all use of your service account.

You may close your service account at any time but you will remain liable for obligations related to your service account and in line with these Terms and Conditions, after it has been closed.

 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless us and our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable solicitor's fees, resulting from any violation of these Terms and Conditions or any activity related to your service account (including infringement of third parties' intellectual property rights anywhere in the world or negligent or wrongful conduct) by you or any other person accessing the TENDER HEALTHCARE website using your service account.

 

WAIVER, RELEASE AND LIMITATION OF LIABILITY

You agree that to the extent permitted by law neither we, nor our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of the TENDER HEALTHCARE website.

You hereby release and forever waive any and all claims you may have against us or our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers (including but not limited to claims based upon our negligence or the negligence of our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers) for any loss or damage you sustain in connection with your use of the TENDER HEALTHCARE website.

Our liability for any claim arising from a breach of any term or condition implied by any law which may not be excluded, will be limited to the maximum extent permissible which, in the case of services, will be to the re-supply of the relevant services or the payment of the cost of having the relevant services re-supplied.

Notwithstanding the foregoing paragraph, to the extent permitted by law, the total liability of us, our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers, if any, for any loss or damage arising in connection with the TENDER HEALTHCARE website shall not exceed the greater of the amount of fees paid by you for the particular information or service provided or AUD$500.

Except where such limitation is prohibited by law, in no event shall we, our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers be liable to you for any loss or damage other than the amount referred to above, and their liability for all other loss or damage, whether direct or indirect, special, incidental, consequential or punitive, arising from any use of the TENDER HEALTHCARE website is hereby excluded even if we or our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers have been advised of the possibility of such damages.

Neither we, nor any of our affiliates, directors, officers or employees, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of the TENDER HEALTHCARE website, or resulting from the act or omission of any other party involved in making the TENDER HEALTHCARE website or the information contained therein available to you, or from any other cause relating to your access to or your inability to access the TENDER HEALTHCARE website or that information, whether or not the circumstances giving rise to such cause may have been within our control or the control of any vendor providing software or services support to us.

The provisions of Indemnification and the Waiver, Release and Limitation of Liability are for our benefit and the benefit of our officers, directors, employees, agents, partners, advertisers, information providers, licensors and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

COMPLAINTS AND DISPUTES

If you have an issue or complaint regarding the TENDER HEALTHCARE website or Service, please consult the Frequently Asked Questions page (FAQ). Following this, if your issue or complaint has not been resolved, please contact us via email at: info@tenderhc.com

 

MISCELLANEOUS

Advertisers and sponsors of the TENDER HEALTHCARE website and/or its correspondence have no influence on editorial content or presentation. You may not assign or transfer any of your rights or obligations under these Terms and Conditions without our prior written consent.

We will send any legal notices or communications regarding your service account to your nominated email address. Please ensure that a valid email address is recorded at all times. Your primary point of contact with us should be via the "Contact Us" facility on the TENDER HEALTHCARE website or via email to: info@tenderhc.com

Any formal notices or communications should be sent to our postal address set out at the beginning of these Terms and Conditions. A notice sent to you by email will be deemed to have been received by you 24 hours after it was sent, regardless of whether or not you have actually read the notice.

If any clause or provision of these Terms and Conditions is determined to be illegal, invalid or unenforceable or capable of termination by a party in any jurisdiction in which these Terms and Conditions are to operate, then such clause or provision will be construed, to the extent feasible, to render the clause or provision enforceable. If no feasible interpretation would save such clause or provision, it will be severed from the remainder of these Terms and Conditions without affecting the enforceability of all remaining clauses and provisions.

These Terms and Conditions are governed by the laws of Queensland, Australia.

Last updated on 01/06/2018