Terms & Privacy

Terms of Service

Last updated: 6 March 2017

The following terms of service (“the Terms”) apply to use of all the tools available through Plexa Pty Ltd (“the Company”, “us”, “our”, “we”) distributed through the Plexa website ("the Website"). The Company offers a number of social media, research, aggregation and optimization tools for the medical sector (collectively, “the Services”) to registered users (“the User”, “you”) on the basis of monthly and annual subscriptions (“the Subscriptions”). The User is able to generate content (“User Content”) and distribute it through use of the Website.

The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including Plexa’s Privacy Policy) published on the Website (collectively, "the Agreement").

Please read the Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of all elements of the Agreement.

By accessing or using the Website and the Services you agree to be bound by these Terms. If the terms of the Agreement are considered an offer, then acceptance is expressly limited to such terms. If you disagree with any part of the Agreement, you may not access the Website.

Services & Acceptable Use

You shall:

  • Be responsible for your, and any Authorised Users’ compliance with these Terms.
  • Be responsible for the content that you create and distribute using the Services including the accuracy, quality and legality of this content.
  • Make efforts to avoid unauthorized access to the Services by any person other than yourself, other than Authorised Users. Your efforts should including securing your password and username.
  • Notify the Company immediately if you believe your account has been compromised or is in use by another party.
  • Ensure you are aware of and stay up to date with any laws and regulations regarding your position as a medical professional and your responsibilities with respect to what content you distribute and the advice that you give.
  • Ensure that you have read and agree to the terms of service, privacy policy and copyright documents relating to the third-party services that connect to the Website. This includes services such as Google, Facebook and Twitter.

Content

As between you and the Company, we retain all right, title, and interest in and to the Services. Nothing within the Terms shall be construed to restrict, impair, encumber, alter, deprive, or adversely affect the Services or any of the Company’s rights or interests of the Services or any other intellectual property, brands, information, content, processes, methodologies, products, goods, services, materials, or rights, tangible or intangible.

All rights, title, and interest in and to the Services not expressly granted in this Agreement are reserved by the Company.

Your content on the Website 

You grant the Company limited, worldwide, non-exclusive, non-transferable license, without a right of sublicense, to access, use, reproduce, electronically distribute, transmit, perform, format, display, store, archive, and index User Content for the purpose of supporting your use of the Services and providing Services to you.

The Company may also use User Content for the purpose of building, developing and creating new Services, or personalizing the Website to your profile. We will only make use of User Content in an anonymized way.

Subject only to the limited license expressly granted herein, Users shall retain all rights, title and interest in and to the User Content and all associated intellectual property rights.

The Company retains no right of ownership or interest in your content or the intellectual property rights to it.

Responsibility for your content

You are solely responsible for the User Content that is uploaded, published, displayed, linked to, or otherwise made available via the Services.

The User agrees that the Company is only acting as a passive conduit for the online distribution and publication of the User Content the aggregated display of third-party content. At the sole discretion of the Company, we reserve the right to remove User Content uploaded that is deemed in violation of this Agreement. Users will be notified if any of their content is removed, and reasons provided.

Links to Other Web Sites

Many of the Services provided via the Website provide links to content created by, hosted and supplied by third-parties (“Third-Party Content”).

The Company has no say over the production of Third-Party Content, and merely provides a system by which the user is able to view and distribute that content. Should you have any complaints with respect to copyright issues, appropriateness, truthfulness or quality of the content on the Website, please contact us with details of the offending content and the Company will make a determination and choose to remove or retain the Third-Party Content in question.

Notwithstanding the foregoing, the Company takes no responsibility for any content delivered to you via the Services.

Subscriptions

The Website operates by receiving monthly or annual subscription, as well as free services, to professionals in the healthcare sector.

Free Trial Period

We offer customers a 14-day free trial period of any package of their choice. When the free trial period is over, you will be automatically downgraded to the free package. In order to upgrade once again, you will need to provide a valid credit card and accept a monthly or annual deduction.

The free trial is only available to first time users.

Subscription services and auto-renewal

Purchase of an annual or monthly subscription by providing credit card details gives the Company the right to deduct the agreed price per subscription cycle. The Company will bill your approved credit card automatically at the end of each cycle, in advance, for the following subscription period.

Credits and referral bonuses

We offer a referral system that issues credits to Users who refer another party to join the Website. Referral bonuses are distributed only upon the referee signing up to, and completing their first payment of the Professional or Elite package.

The Company reserves the right to rescind referral credits that have been issued, or to cancel the referral system entirely without any prior notice.

Credits issued by the Company to Users are valid only for use against valid subscription packages, and are never redeemable for cash or for use outside of the service.

Refunds

Once billed, subscription fees are non-refundable, except on a case by case basis. It is in the Company’s sole discretion whether or not to issue a refund, or credit for future months.

Termination

We may terminate or suspend your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.

For Users with paid accounts, your access to the Services will be terminated by the Company if you materially breach this Agreement and do not remedy this breach within fourteen (14) days of receiving notice from the Company.

The company can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

The Company may suspend your use of the Website if your practices lead in any way to the degradation of performance of the Services for you or any other customer of the Company.

No warranties

This Website is provided °as is," with all faults, and the Company makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website.

Severability

If any provision of these Terms is found robe unenforceable or invalid under any applicable law, such unenforceability or invalidly shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

Copyright

All content included on the Website, such as text, logos, images, audio, data compilations, databases and software, is the property of the Company or, where applicable, third-party copyright holders, and are protected by Australian and international copyright laws.

Each third-party provider that is connected to the Website, such as Facebook, Twitter and Google, have their own terms of service, privacy policy and conditions of use that should be read and understood prior to using them through the Website.

The compilation of all content on the Website is the exclusive property of the Company and protected by Australian and international copyright laws. All software, ideas and code used on the Website, are the property of the Company and are protected by Australian and international copyright laws.

Limitation of liability

In no event shall the Company, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort, negligence, strict liability or otherwise, and the Company, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidly shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

Assignment

The Company shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Indemnification

To the fullest extent possible by local laws, you agree to indemnify the Company and any service providers linked to through the Website against any and all claims and expenses arising out of your use of the Website.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. In the case of any material change, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Entire Agreement

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between the Company and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

Governing Law & Jurisdiction.

These Terms and any disputes or claims arising out of or in connection with it or its subject matter or formation (including without limitation non-contractual disputes or claims) are governed by and construed in accordance with the laws of Australia. Each Party irrevocably agrees that the courts of Australia shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).

Privacy Policy

Updated June 2017

This following document sets forth the Privacy Policy for the Plexa website, Plexa (“the Website”) and the Plexa app available through the Apple App Store and Google Play (“the App”). Both the Website and the App are owned entirely by Plexa Pty Ltd (“the Company”, “We”, “Us”, “Our”). We are committed to providing you with the best possible customer service experience and take matters of privacy seriously. We are bound by the Privacy Act 1988 (Cth), which sets out a number of principles concerning the privacy of individuals and businesses.

This privacy policy establishes the use of user (“User”, “You”, “Your”, “the User”) information whilst using the Website and the App.

Collection of your personal information

In order to log in to the App, or to use the full features of the Website, We require you to create an account. When you create an account, We request information that personally identifies you. This includes your name, email address, phone number, address and date of birth.

If you join the App as part of a request from a group, a medical business or another user, We collect information about this relationship. If You are allocated to a group when You join as part of a relationship with a workplace or organisation, this information is visible only to Our administrators and the other members of the group.

In order to provide filtering of news, research and social media feeds, We ask that you provide Us with details of Your medical role, including Your medical specialty areas, Your workplaces and Your education history. Whether You provide this information to Us is left up to You.

Sharing of your personal information

We may occasionally hire other companies to provide services on Our behalf, including but not limited to handling customer support enquiries, processing transactions or posting to social media platforms. Those companies will be permitted to obtain only the personal information they need to deliver the service. We take all reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of Your personal information.

Use of your personal information

For each visitor to reach the site, We collect the following non-personally identifiable information, including but not limited to browser type, version and language, operating system, pages viewed while browsing the Website, page access times and referring website address. This collected information is used solely internally for the purpose of gauging visitor traffic, trends and delivering personalized content to you while you are at this Website.

While using the App, We collect information about Your interactions, including what information You share such as links to external content and websites. We use this information in an anonymous way in order to provide you with more relevant content. We do not sell this information to any third-party.

From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will use for these new purposes only, data collected from the time of the policy change forward will adhere to our updated practices.

Content that you share

We collect information about your interactions with content on our Website and App. This includes anonymous information about the number of times content has been shared, saved or deleted. We use this information to serve You better articles, research and news.

We may collect information about links that you share via the App and use them to redistribute to Our other members. You will not be notified if this has occurred.

Links to Other Websites

The Website and App contain links to other websites. Links from the Website do not constitute an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personally identifiable information from you. Other sites follow different rules regarding the use or disclosure of the personally identifiable information you submit to them. We encourage You to read the privacy policies or statements of the other websites You visit.

Changes to this Privacy Policy

We reserve the right to make amendments to this privacy policy at any time. If you have objections to the privacy policy, You should not access or use the Website or the App. The App should be immediately removed from your device.

Accessing Your Personal Information

You have a right to access your personal information, subject to exceptions allowed by law. If you would like to do so, please let us know. You may be required to put your request in writing for security reasons. We reserve the right to charge a fee for searching for, and providing access to, Your information on a per request basis.

Contacting us

We welcome Your comments regarding this privacy policy. If You have any questions about this privacy policy and would like further information, please contact us by email at support@plexa.ai