LOWT CLINIC PTY LTD Customer Contract September 2021

BACKGROUND

Low T Clinic Pty Ltd (ABN 84 828 087 367) (we, our or us) is a telemedicine clinic which enables patients to have their testosterone levels tested and treated online (Program). In our Customer Contract, a reference to ‘you’ or ‘your’ is a reference to you as the user of the Program. Please read this customer contract (Customer Contract) carefully as it governs your involvement in the Program.

This Customer Contract sets out the basis of the agreement between you and us in relation to the Program and us providing you with suitable testosterone replacement therapy treatment (Treatment).

You acknowledge that we facilitate a clinical consultation only and that all advice provided by the clinical or medical practitioners are provided to you based on appropriate clinical judgement and we cannot control or guarantee the outcome of a consultation.

DEEMED ACCEPTANCE

By engaging in the Program, you accept and agree to be bound by the Customer Contract

CUSTOMER REQUIREMENTS

You agree to provide us with accurate details of your identity and any other information (including your relevant medical history) that we may request pursuant to, and for the purpose of, the Program.

The clinical consultation will be provided via telephone, and you agree to provide the clinical or medical practitioners with all information requested.

It is your responsibility to ensure that all information provided to us, and the clinical or medical practitioners is accurate. You acknowledge that we rely on the information provided by you so that suitable Treatment may be provided for you pursuant to the Program.

You agree that any information you omit to provide to us (whether on purpose or not) may impact the Treatment that is recommended to you pursuant to the Program.

You agree to use the medication or supplements as directed by the clinical or medical practitioner. You must not adjust or modify any medication or supplements unless you are informed or instructed by the clinical or medical practitioner (or by a suitable independent third party clinical or medical practitioner).

You acknowledge that you are responsible for your medical affairs and associated recordkeeping.

You agree to conduct regular tests as advised and engage in follow up consultations as required. You will be contacted by our clinic when the clinical or medical practitioner has indicated a follow up is required.

You acknowledge that it is your responsibility to ensure that you attend follow up consultations and if, for whatever reason, we have not contacted you to conduct a follow-up consultation, it is your responsibility to contact us instead.

You agree to notify us immediately should your medical condition change during your Treatment so that the clinical or medical practitioner can revaluate if your Treatment is suitable.

You agree to provide us with a correct postal address in order for the medication and supplements to be delivered to you.

BOOKING YOUR CONSULTATION

Our website contains instructions regarding the process for booking your consultation. Once you have booked your consultation, we will send to you an email acknowledgement providing you with confirmation of the amount that has been debited to your credit or debit card.

TREATMENT SUITABILITY

You acknowledge that the clinical or medical practitioners will determine whether you are deemed suitable for the Program. If the clinical or medical practitioners determines that you are not suitable for the Program, we reserve the right to immediately terminate this Customer Contract and will refund you any money paid by you for your consultation fee.

If you are deemed suitable for the Program you agree to undertake blood tests, pathology, and all other relevant and necessary tests in preparation of and pursuant to the Program.

Our Treatment does not guarantee to eradicate or cure depression, anxiety, low libido, stress, improve weight loss, muscle gains and focus or concentration. You acknowledge that results to the Treatment may vary.

By undertaking the Program, you agree to acknowledge and agree that:

  • the medical and clinical practitioners cannot anticipate how your body will react to your Treatment in the short term or long term. We will monitor your bloods and will advise you, if necessary, how to improve absorption or prescribe the specified dosage in order to get the most of out of your Treatment;
  • we can arrange for your scripts for the supply and delivery of the Treatment to be sent to one of our preferred, reputable, and qualified Compounding Pharmacies based in Australia, if you have not notified us of an alternative Compounding Pharmacy of your choice; and
  • consistent with various state law for controlled substances, the prescription will be held by the relevant Compounding Pharmacy and dispensed as appropriate, and you will not be provided with a copy of the prescription prepared for you pursuant to the Program.

LIMITATION OF LIABILITY

You acknowledge that we are not responsible for, and to the extent permitted by law, exclude all liability to you for any inaccurate, incomplete, or misleading information that you provide to us.

We are not responsible for, and to the extent permitted by law, exclude all liability to you or anyone else should you seek independent third party clinical or medical practitioner advice about your Treatment (which includes any medication or supplements recommended to you by us and the clinical or medical practitioners).

You agree that the clinical or medical practitioner may prescribe medication or supplements which is supplied by a third party and therefore, to the extent permitted by law, you indemnify us against any claim or consequence that you may suffer following or as a result of any medication or supplement as prescribed by the clinical or medical practitioner and supplied by a third party.

You acknowledge and agree that we are not responsible for, and to the extent permitted by law, exclude all liability for any side effect you may experience as a result of your Treatment.

You acknowledge that we are not responsible for, and to the extent permitted by law, exclude all liability to you or anyone else who suffers loss or damage (however caused and including indirect, consequential, and economic loss) in connection with your Treatment and this Customer Contract. Where our liability cannot be excluded, it will be limited to the extent permitted under law.

POSSIBLE RISKS AND SIDE EFFECTS

You acknowledge the possible risks and side effects which may not be reversible when using, or at the completion of using your Treatment. Such side effects may include but are not limited to balding, unwanted body hair, heart problems, lumps, acne, testicle shrinkage, thicker voice, and irritation.

You acknowledge that your Treatment may lower your sperm count and could affect your ability to conceive a child. In addition, you acknowledge that upon ceasing to use your Treatment your ability to return your sperm count back to pre-Treatment numbers may be affected. If this is a concern to you, we recommended that you see a fertility specialist before commencing the Program and Treatment.

You agree to immediately stop your Treatment and contact a medical practitioner if you experience any discomfort, bad reaction, irritation, aggression, or any other side effect.

PRICE

The price payable for the Treatment (as amended from time to time) is set out on our Website. All prices indicated on our Website are in Australian dollars and inclusive of GST (where applicable).

The cost of the review consultation/s is included in the fee for the Program. If you request an early or additional consultations, you will incur an additional charge of $220.00 including GST.

An additional fee of $220.00 may be applicable for review consultations completed outside the 6 monthly interval timeframes.

PAYMENT AND REFUNDS

You must pay the price for the Program prior to participating in the Program and any clinical or medical consultation with us.

Subject to the terms of this Customer Contract and in particular the exclusions for refunds or re-supply set out below:

  • we will provide you a full refund of your consultation fee if you do not qualify for the Program; and
  • we may cancel any part of your order if after any medical review the doctor finds that you don’t not qualify to continue treatment. If you have paid for 12 months treatment in advance, you will be refunded $470.00.

You acknowledge and agree that, subject to law, you will not be entitled to any form of refund from or re-supply by us in any of the following circumstances:

  • you are not satisfied with the Program, the prescribed medication or supplement;
  • you have had a change of mind or otherwise no longer wish to continue the Program for any other reason;
  • if you provide us incorrect or false information in your consultation which results in you not qualifying for the Program
  • you have failed to undertake the required pathology testing within six months from the date you signed up for the Program, and such a failure is not wholly attributable to us; or
  • for any other reason(s) not consented to us in writing (which we may reasonably withhold at our discretion).

In the unlikely event that a product sent to you is damaged or faulty upon receipt, please contact the relevant pharmacy directly.

REFUSAL OR CANCELLATION OF SERVICE

We reserve the right to cancel any part of your order or refuse your participation in any consultation or in the Program in full if we consider such an action to be reasonable in the circumstances, at our sole discretion. Such circumstances may include, for example and without limitation, where:

  • we are unable to obtain the relevant authorisation for your payment;
  • you have not provided all information as requested by us;
  • we suspect fraudulent activity, breach of any laws or assistance in the commission of any illegal act, or breach of our Terms of Use or Privacy Policy;
  • you have impersonated any other person or published or linked to malicious content;
  • we reasonably believe at our discretion that you have misused or are overusing the Program or our services;
  • you have engaged in any conduct which is unlawful, obscene, threatening, defamatory, harassing, discriminatory, abusive, slanderous, or hateful to any other person (including our team or business partners), or which will or is reasonably likely to damage our reputation or our services.

If we refuse or cancel any aspect of your participation in the Program on the above basis, you agree that we will determine in our sole discretion (acting reasonably), whether any or no refund of monies already paid by you to us is appropriate in the circumstances.

PERSONAL INFORMATION

You agree that we will collect, use and hold your medical and personal information in accordance with our privacy policy which can be found at https://lowtclinic.com.au/privacy-policy/

DISPUTES

You agree to be bound by the laws of Victoria, Australia and consent to any disputes being addressed in the Courts of Victoria, Australia.

CONTACT

If you have any questions regarding our Customer Contract please contact us via email [email protected]