Terms of Service

1. Acceptance of Terms of Service.

By accessing and using the XY Therapeutics website (the "Website") and our services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree with these Terms of Service and our Privacy Policy, you must immediately stop using the Website and our services.

2. Definitions

In these Terms of Service, the following definitions apply:

a.     “XY Therapeutics”, “we”, or “us” means XY Therapeutics Pty Ltd ACN 668 199 308 trading as XY Therapeutics.

b.     "Website" refers to the XY Therapeutics website (xytherapeutics.com.au)

c.     “Services” means healthcare services and other associated services that are provided by XY Therapeutics from time to time.

d.     "You" and "your” means you and anyone acting on your behalf or with your authority.

e.     "Partner Providers" refers to doctors, allied health practitioners, health and wellness practitioners, pathology clinics or pharmacies that are affiliated with us. Partner Providers operate independently and are not employees or agents of XY Therapeutics. They are responsible for providing Services in accordance with their own professional standards and regulations.

3. Registration

You must become a registered user to receive services from our partner providers. Each user is permitted to create a maximum of one registered user account. You should not register an account on behalf of anyone other than yourself. Registered users must

(1) be over 18 years old,

(2) be resident in Australia,

(3) be capable of entering a legally binding agreement with us and

(4) agree to these Terms of Service.

When you register and activate your account, you will provide us with personal information such as your name, gender, email address, telephone number, date of birth, address, and medical history. This information will enable our partner providers to provide services to you.

It is your responsibility to update this information so it is current, complete and accurate.

4. Services

XY Therapeutics is a health and wellness platform that coordinates and facilitates Services with Australian registered doctors, allied health practitioners, wellness practitioners and health service providers such as pathology clinics and independent pharmacies, collectively known as Partner Providers.

XY Therapeutics takes no responsibility and makes no warranties, express or implied, in relation to the quality of service or the content of any consultation, advice or Services provided to you by Partner Providers.

Partner Providers have professional and ethical obligations to telehealth patients, as they do with in-person consultations. The Partner Provider will make and maintain sufficient clinical records relating to services or supply as required by law.

XY Therapeutics holds copies of notes and records made by the Partner Providers to coordinate and facilitate Services to you. We do not warrant that an online consultation with our Partner Provider is suitable for you.

It is also your responsibility to advise your regular doctor and pharmacist of any medications partner doctors have prescribed to you. If you require urgent care, you should contact your local emergency services immediately.

5. Indemnity and Liability

To the extent permitted by law, XY Therapeutics is not liable for any loss or damage, howsoever caused, which may result from your use of or failure to access the Website, or due to the fact that Website content is wrong, incomplete, or out of date.

XY Therapeutics disclaims any liability arising from the actions of Partner Providers. The liability for the actions of Partner Providers, including advice or Services provided and prescriptions prepared and filled, rests solely with those Partner Providers.

All health-related queries should be directed to Partner Providers and not to XY Therapeutics. Their contact details will be provided to you at the start of your consultation.

Please note that this indemnity and liability clause is designed to protect XY Therapeutics from bearing responsibility for issues arising from your use of the Website and the actions of Partner Providers.

6. Linking and Third Party Content

You must not link to, frame or mirror any part of the Website without XY Therapeutics’ written authorisation.

The Website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites). Third Party Content and Third Party Websites are not under the control of XY Therapeutics. XY Therapeutics does not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.

7. Cookies

A cookie is a small text file stored in your computer’s memory or on your hard disk for a pre-defined period of time. We use cookies to identify specific machines in order to collect aggregate information on how visitors experience the Website. This information will help to better adapt the Website to suit personal requirements.

We may use third-party vendors to show our ads on sites on the Internet and serve these ads based on a user’s prior visits to our Website. We may also use analytics data supplied by these vendors to inform and optimise our ad campaigns based on your prior visits to our Website. While cookies allow a computer to be identified, they do not contain personal information about a specific individual. For information on cookie settings of your internet browser, please refer to your browser’s manual.

8. Unacceptable Activity

As a user of XY Therapeutics, you are required to refrain from any activity that we consider inappropriate, unlawful, or prohibited by any laws applicable to our Website. This includes, but is not limited to:

  • Providing false, misleading, or deceptive information during any consultations.

  • Acting on behalf of another person to obtain information or Services.

  • Repeatedly initiating an application process if a Partner Doctor has previously deemed you unsuitable for telehealth services.

  • Any act that would constitute a breach of privacy (including uploading private or personal information without an individual's consent) or any other legal rights of individuals.

  • Using this Website to defame or libel us, our employees, Partner Doctors, Partner Practitioners, or other individuals.

  • Using the Website to harm, abuse, harass, stalk, threaten, or otherwise offend others, including our employees, Partner Doctors, and/or Partner Practitioners.

  • Using this Website for commercial purposes.

  • Uploading files that contain viruses that may cause damage to our property or the property of other individuals.

  • Posting or transmitting to this Website any unauthorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic, or otherwise detrimental to or in violation of our systems or a third party's systems or network security.

XY Therapeutics reserves the right to block or suspend any user who violates one or more of the above conditions. If we allow you to post any information to our website, we have the right to remove this information at our sole discretion and without notice.

We highly value the right of XY Therapeutics employees and Partner Providers to work in an environment that is safe and free from abuse and harassment. If an employee, Partner Provider raises concerns with us about their interactions with a user, we will assess the situation and may either seek to reallocate the user to a different Partner Provider or block the user. If we become aware that a user is harassing, threatening, or otherwise harming an employee, Partner Provider we will block that user and pass a copy of clinical records relating to that user onto a healthcare professional nominated by the user upon request.

9.  Returns and Refunds

Products & Medication:
Subject to rights that cannot be waived under Australian Consumer Law and government-initiated recalls, Products and Medication purchased through or coordinated by us cannot be returned for credit or refund.

Our partner pharmacies are required to follow strict professional standards to ensure the safety and integrity of the products and medication provided to you. If you have any concerns regarding the quality or standard of the products or medication supplied to you, please contact our partner pharmacies, or alternatively, you can email us at support@xytherapeutics.com.au. You can also have your prescription dispensed through a pharmacy of your choice. If you wish to do this, please contact us at support@xytherapeutics.com.au so we can help facilitate this.

Consultation Refunds:
We do not provide refunds for consultations rendered by our Partner Doctors and Partner Practitioners unless a telehealth consultation is deemed inappropriate by our Partner Doctor or Partner Health Practitioner.

Pathology tests performed as part of a consultation are non-refundable.

10. Money Back Guarantee for Initial Consult Package.

If you, having purchased the Initial Consult Package, decide to cancel your service, you are entitled to a full refund under our Money Back Guarantee. This Guarantee is valid provided your request for cancellation and refund is submitted in writing prior to the start of your scheduled doctor consultation. Upon the commencement of the doctor consultation, this Guarantee becomes void, and you will no longer be eligible for a refund under this clause. This Guarantee reflects our dedication to your satisfaction and confidence in the services we offer.

11. Intellectual Property Rights

Unless explicitly stated otherwise, all rights, title, and interest (including but not limited to copyright, designs, patents, trademarks, and other intellectual property rights) in this website and all materials (including text, graphics, logos, audio, and software) made available on this website (Content) are owned or licensed by XY Therapeutics or third parties.

Your usage of this website and access to any Content does not confer any rights, title, or interest to you concerning this website or the Content. However, XY Therapeutics does grant you a license to access the website and view the Content under the terms and conditions outlined in this agreement and, where applicable, as explicitly authorised by XY Therapeutics and/or its third-party licensors.

Any reproduction or redistribution of this website or the Content is strictly prohibited and may lead to civil and criminal penalties. In addition, you are not permitted to copy the Content to any other server or location, and any support for publication, reproduction, or distribution is expressly forbidden.

Any other use, copying, or reproduction of this website, the Content, or any part of it is prohibited, except as permitted by law.

12. Non-Commercial Use

The XY Therapeutics website is designed solely for personal, non-commercial usage. You are not permitted to alter, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services found within this website. Furthermore, you are prohibited from using this website, or any of its Content, for any commercial objectives, including any form of advertising or revenue generation activity on your own website.

13. Governing Law

These Terms of Service are governed by the laws of the State of South Australia, Australia.