Terms & Conditions

1. About the Website

Thank you for using our website located at www.knowdiabetes.com.au (‘Website’) . The Website is a digital marketplace (‘Services’) through which Health Care Providers (‘HCP’) including dieticians, Credentialled Diabetes Educators, pharmacists and psychologists that offer and provide personalised coaching and health education via phone and web-based tools (‘HCP services’) to people impacted by chronic ailments (‘Customer/s’) .
The Website is operated by KNOWDIABETES Pty Ltd (ACN 635 816 205) (‘KNOWDIABETES’) . KNOWDIABETES provides you access to and use of the Website and its Services. KNOWDIABETES functions solely as the operator of the Website as a platform that connects the HCP with a Customer. Each Customer is solely responsible for selecting the appropriate HCP with respect to the HCP services. Any decision made to select an HCP, is made in the Customer’s sole discretion and risk and each Customer must decide whether an HCP is suitable for the particular Services required.
KNOWDIABETESdoes not provide health advice or coaching services. The HCP services are provided by the HCP who is not employed by KNOWDIABETES or any of its affiliates. Any such contracts for HCP services are between the HCP and the Customer. KNOWDIABETES is not a party to such contract. You agree that KNOWDIABETES is not a Medicare or healthcare provider and is not liable for any HCP Services booked through our Website or for government benefits
Please read these terms and conditions (‘Terms’) carefully. In using this Website and our Services, you agree to be bound by the Terms. If you do not accept the Terms, you must refrain from using the Website, or any of the Services, immediately.
Please also review our Privacy Policy which is incorporated into and made a part of these Terms.
KNOWDIABETES may amend any of the Terms at any time, and by continuing to use the Website, you accept the Terms as they apply from time to time.

2. Registration and acceptance of terms to use the website and services

To access the Services, you must first register for an account through the Website (‘Member Account’) . By registering for a Member Account, you will be required to accept the terms and conditions of membership by clicking “I accept” in the user interface as a condition of joining as a member (‘Member’) . By clicking the “register” button you agree to all the terms and conditions of our Terms and Privacy Policy listed on this Website which gives notice to you through our user interface as follows:
By Registering , you agree that you’ve read, understood and accepted our Website Terms and Conditions and you expressly consent to our Privacy Policy.
A Member includes an HCP and a Customer who is an Australian citizen or resident. This Website is intended for use within Australia. All products and services on this Website are only valid for Australian citizens and permanent residents within Australia. KNOWDIABETES may, in its sole discretion, deny anyone access to membership or the Services or the Website at any time and for any reason.
As part of the registration process for membership, and as a condition of your use of the Website and Services, you must provide current, accurate identification, and other information to enter into this agreement with KNOWDIABETES, including:
- - an email address,
  - preferred username,
  - a mailing address,
  - a telephone number,
  - a password, and
  - other information as applicable to set up and administer a Member Account to access the Services.
(‘Registration Data’)
You acknowledge and agree as a Member to provide accurate, true and correct information. KNOWDIABETES may undertake additional enquiries to verify the identity, background or qualifications of any Members.
As a condition of your use of the Website and the Services, you warrant and agree any information you provide to KNOWDIABETES as part of the registration process for your Member Account, including information relating to third parties, is accurate, correct and up to date. Once you have completed the registration process, you will be a registered Member of the Website bound by the Terms to form an agreement with KNOWDIABETES.

3. Access to website and services

KNOWDIABETES is a marketplace operator that provides a Website platform for Members to connect online for the supply and purchase of HCP services.
Members warrant as a condition of their use of and access to our Website and Services that:
- they are authorised to enter a legally binding contract if they are using the Services on behalf of another person or entity; and
- they are not a person prohibited from receiving the Services under the laws of Australia or other country in which the Member resides or from which the Member accesses the Services.
You must not access and use the Website and Services if:
- you are not of legal age to form a binding contract with KNOWDIABETES; or
- you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

4. General obligations of all members

As a Member, you acknowledge and agree that:
- you will use the Services only for purposes permitted by the Terms and you will abide by any applicable law, regulation or generally accepted practices or guidelines regulating the Services in the relevant jurisdictions;
- you have the sole responsibility for protecting the confidentiality of your password and email address. The use of your password by any other person may result in the immediate cancellation of the Services;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify KNOWDIABETES of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- your access to and use of the Website is non-transferable;
- you must not use the Services or Website in connection with any other commercial enterprise without the prior written approval of KNOWDIABETES;
- you must not use the Services or Website for any illegal or unauthorised purpose which includes collecting email addresses of other Members by electronic or other means for sending unsolicited email or unauthorised framing or linking to the Website;
- commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in immediate termination of your membership or access to the Website;
- you may not have more than one (1) active account. KNOWDIABETES reserves the right to merge multiple accounts or to suspend or terminate your account and your access to KNOWDIABETES website if you create more than one (1) account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, out-of-date or incomplete
- you must not send or post unauthorised communications such as spam or advertising on the Website;
- you must not upload viruses or other malicious code on the Website;
- you must not expressly or impliedly impersonate another Member or use another Member’s account or password;
- you must not post content (if access is available) that is hateful, threatening, defamatory, contains mature content or is otherwise inappropriate;
- you agree to use the Services in compliance with all local, state and federal laws and regulations.
Member must keep their Registration Data and contact information accurate and up to date.
Member authorises the HCP to use and store electronically any material or information supplied to the HCP for the purpose of carrying out the Services or related to the supply of the Services including any Confidential Information (whether in hard form or digital form) and agrees that KNOWDIABETES is not responsible for the loss of or misuse of such material or information. The supply of such material and information to the HCP is solely at the risk of the Customer.
HCP are independent contractors and as such are solely responsible for and shall meet their obligations in relation to taxation (including income tax and GST), superannuation, and any other government taxes or levies. These Terms do not make HCP a partner, agent or employee of KNOWDIABETES.

5. Fees

As a Member you agree to pay the fees advertised on our Website for the supply of our Services (‘Marketing Fees’) and the payments to HCP for the supply of HCP services (‘HCP Payment’) . We reserve the right to amend or change any of the fees or charges listed on our Website.
Payment of the Marketing Fees and the HCP Payment may be made through the Stripe Connect platform (‘Payment Processing Service’) . In using the Payment Processing Service, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Processing Service including the relevant fees and charges applied by the Payment Processing Service for online payment gateway services.
Where KNOWDIABETES collect the HCP payment on behalf of the HCP for the supply of HCP services through the Website, Member agrees that we will remit the payment to the HCP less our Marketing Fees for the provision of the marketplace and the Payment Processing Service fee (‘Percentage Share’) . We reserve the right to amend or change the Percentage Share at any time.
KNOWDIABETES may require additional information from you for transaction verification. KNOWDIABETES is not responsible for and disclaims any liability in relation to payment delays due to circumstances outside of its control.
Members are responsible for ensuring that sufficient funds are available at the time of payment processing and that credit card details are correct in order to access our Services.
If there are payment failures due to insufficient funds, incorrect or outdated payment information, KNOWDIABETES reserves our right to:
- recover payment and deny a Member access to our Services; or
- cancel or suspend a Member Account if we are unable to process the Marketing Fees for our Services.
You acknowledge and agree where a request for the payment of any fees are returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with those fees.
Member agrees that KNOWDIABETES may electronically store Registration Data and Member’s payment information to process the Marketing Fees and HCP Payment.
The Services delivered to Member is exclusive and personal to Member. Member must not allow another user without a licence to use any of the Services that KNOWDIABETES delivers to Member under these Terms.
We may suspend or terminate a Member Account if any misuse of fraudulent activity is detected.
Member access to the Services will be disabled when Member Account is suspended, terminated or Member’s subscription ends.

6. HCP’s obligations

In these Terms, “Confidential Information” means any documentation or information whether in digital or hard form or otherwise conveyed verbally or in any other form to the HCP by the Customer for the purpose of carrying out the HCP services, and which is not publicly available and relates in any way to the HCP services. The HCP agrees not to disclose the Confidential Information to any other person but the Customer and to keep confidential the Confidential Information unless prior written approval is obtained from the Customer.
The HCP agrees there is no physical examination of Customer and the supply of HCP Services is delivered entirely online or by telephone or delivered through web-based platforms, software, videoconference and other technologies.
The HCP agrees not to falsely advertise or provide any misleading information or other deceptive data on the Website in relation to the supply of the HCP’s Services.
The HCP agrees that he or she is responsible for any refunds, returns, and is liable for any Customer disputes or payment chargebacks.
The HCP must keep his or her Registration Data and contact information accurate and up-to-date.
The HCP must carry his or her own professional indemnity insurance (PI insurance) which provides cover for the HCP’s Services including for telehealth consultations.

7. Customer’s obligations

The Customer understands that the use of the Services and HCP services will result in the advertised fees and charges. Customers may be required to provide their credit card or bank account details for the processing of payments via Stripe Connect in accordance with these Terms.
The Customer agrees there is no physical examination of Customer and the supply of HCP Services is delivered entirely online or by telephone or delivered through web-based platforms, software, videoconference and other technologies.
The Customer authorises KNOWDIABETES to process payments in consideration of the Services and the HCP services, using the payment information that is provided. These fees are final and non-refundable, unless otherwise determined by KNOWDIABETES or required by law.
The Customer acknowledges that KNOWDIABETES is not covered by any government subsidy or reimbursement (e.g Medicare). The Customer agrees that it is his or her own responsibility to check if his or her own health fund is sufficient to cover the costs of availing our Services and the HCP Services.
The Customer must not attempt to obtain or solicit Services from the HCP outside of the Terms for using the Website and the Services, nor for any other purpose not reasonably intended by KNOWDIABETES.
Customer agrees that HCP provides support services only. HCP will take appropriate independent professional or medical advice before acting on the HCP services and agrees that HCP services are not a substitute for the direct, personal, medical diagnosis of Customer’s doctor or healthcare professional. While referrals are not necessary, the Customer must seek approval from Customer’s medical practitioner or healthcare professional before engaging the HCP and HCP services. If as a Member you have or suspect you have a medical problem or impairment, contact your doctor or health care provider promptly.
Customer agrees that we do not warrant or represent that the Services provided by the HCP are safe, appropriate or effective.

8. Refund policy

Except as required by the Australian Consumer Law, any fees paid under these Terms are non-refundable.
KNOWDIABETES will only offer a refund of the Marketing Fees if KNOWDIABETES is unable to facilitate the supply of the Services or if the Manager of KNOWDIABETES determines, in its absolute discretion, it is reasonable to do so.
KNOWDIABETES does not offer returns and refunds for ‘buyer’s remorse’ or if you have changed your mind.

9. Australian consumer law and the statutory guarantees

KNOWDIABETES will process refunds in accordance with the Australian Consumer Law for major failures (‘Major Failures’) and minor failures (‘Minor Failures’) .
For example, a Major Failure occurs where you would not have bought the Services if you had known about the defect, the Services are significantly different to what was described, the Services are substantially unfit for their usual purpose or a purpose made known to you or the Services are unsafe. For major failures or major problems with the Services as defined under the Australian Consumer Law, you are entitled to a replacement or refund and compensation for reasonably foreseeable loss or damage.
If the Services fail to be of acceptable quality, and the failure does not amount to a Major Failure (‘Minor Failure)’ , we are entitled an opportunity to fix the minor problem as long as this is within a reasonable period of time. If we cannot fix the Minor Failure, you are entitled to cancel the contract with us and obtain a refund for the proportion of the Services not already consumed at the time of the cancellation.
Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. For Major Failures with the Service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion of the Services, or to compensation for its reduced value.

10. Copyright and intellectual property

The works (‘Copyright Material’) in the Website, the Services and all of the related products of KNOWDIABETES are subject to copyright and owned by the copyright owner. The Copyright Material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled by KNOWDIABETES, and are reserved by KNOWDIABETES or its contributors.
All trade marks, service marks and trade names are owned, registered and/or licensed by KNOWDIABETES, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
- 1. use the Website pursuant to the Terms;
- 2. copy and store the Website and the material contained in the Website in your electronic device’s cache memory; and
- 3. print pages from the Website for your own personal and non-commercial use.
The license operates for you to electronically access and use the Services solely for the supply and purchase of the Services through the Website in accordance with the Terms. KNOWDIABETES may terminate this licence at any time, if you use the Website or the Services, except as permitted by these Terms.
KNOWDIABETES does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by KNOWDIABETES.
You may not, without the prior written permission of KNOWDIABETES and the permission of any other relevant rights owners broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third-party services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are marked freely available for re-use or are in the public domain.
The Website and its content may not be copied, reproduced, publicly displayed, translated or distributed in any way (including mirroring) to any other computer, server, website or other medium for publication or distribution, without our express prior written consent.

11. Website content

In these Terms, “Content” means any material posted on the Website or brought into existence or made available for supply by performing the Services.
As a Member, you acknowledge, agree and warrant that:
- you are solely responsible for any Content you may post, upload, publish, submit, transmit or otherwise make available on or through the Website and you are solely responsible for any Content which you make available through the Services;
- you are the sole and exclusive owner of all Content you make available through the Services and otherwise have all rights, licenses, permissions, consents and releases and approvals necessary to grant to KNOWDIABETES the rights in such Content, required pursuant to the Terms of this agreement;
- neither the Content nor your posting, uploading, publication, submission or transmittal of the Content or KNOWDIABETES’ use of the Content (or any portion thereof) on, through or by means of the Service or otherwise will infringe, misappropriate or violate a third party’s patent, copyright, trade mark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation;
- KNOWDIABETES does not have any obligation to delete or return any Content to you after your Member account is cancelled, including, but not limited to, any of your reviews or feedback.
KNOWDIABETES strives to provide accurate and up-to-date material on this Website, but we make no warranties or representations as to the accuracy or timeliness of the Content.

12. Privacy

In these Terms, Personal Information has the meaning as defined in any applicable Privacy Laws. Privacy Laws means the Privacy Act 1988 (Cth).
If a Member obtains Personal Information in the course of supplying or availing Services under these Terms, the Member must comply with its obligations under the Privacy Laws and not do any act or engage in any practice which would be a breach of the Australian Privacy Principles (APPs) as contained in the Privacy Act 1988 (Cth).

13. Disputes

Members including HCPs and Customers are solely responsible for interactions and disputes with each other.
KNOWDIABETES reserves the right, but has no obligation, to monitor disputes between Members although may involve itself in such a dispute for the purpose of improving the user experience of Members.
If a dispute arises out of or relates to the Terms as between KNOWDIABETES and a HCP or Customer, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
- Compulsory process. A party must not start arbitration or court proceedings (except proceedings seeking interlocutory relief) in respect of a dispute arising out of these Terms (Dispute) unless it has complied with this clause.
- Initial period – efforts to resolve Dispute. During the 30-calendar day period after a notice is given (or longer period agreed in writing by the parties to the Dispute) (Initial Period) each party to the Dispute (Disputant) covenants with the other to cooperate and take all reasonable steps necessary to attempt to resolve the Dispute.
- Notification. A party claiming that a Dispute has arisen must notify each other party to the Dispute giving details of the Dispute.
- Initial period – efforts to resolve Dispute. During the 30-calendar day period after a notice is given (or longer period agreed in writing by the parties to the Dispute) (Initial Period) each party to the Dispute (Disputant) covenants with the other to cooperate and take all reasonable steps necessary to attempt to resolve the Dispute.
- Mediation. If the Disputants are unable to resolve the Dispute within the Initial Period, each Disputant agrees that the Dispute must be referred for mediation, at the request of any Disputant, to:
  1. a mediator agreed on by the Disputants; or
  2. if the Disputants are unable to agree on a mediator within seven days after the end of the Initial Period, request that an appropriate mediator be appointed by a person appointed by the Chair of Resolution Institute (ACN 008 651 232) or the Chair’s designated representative and the Resolution Institute Mediation Rules shall apply to the mediation.
- Role of mediator. The role of any mediator is to assist in negotiating a resolution of the Dispute. A mediator may not make a decision that is binding on a Disputant unless that Disputant has so agreed in writing.
- Information. Any information or documents disclosed by a Disputant under this clause must be kept confidential and may not be used except to attempt to resolve the Dispute.
- Costs of mediation. Each Disputant must pay its own costs. The Disputants must pay equally the costs of any mediator engaged.
- The mediation will be held in Sydney, Australia.
- Failure to resolve. After the Initial Period, a Disputant that has complied with this section may terminate the dispute resolution process by giving notice to each other Disputant. A party to a dispute will only be entitled to pursue other remedies available to it at law or otherwise, if the parties have failed to resolve the dispute within thirty (30) calendar days after commencement of dispute resolution.

14. Limitation of liability

To the fullest extent permissible at law, KNOWDIABETES is not liable for any direct, indirect, punitive, incidental, special, consequential damages including without limitation any claims, losses, loss of profits, revenue, business or goodwill arising out of or in any way connected with the provision of or failure to provide any products and services, or otherwise arising out of the provision of products and services, whether based on these Terms, negligence, strict liability or otherwise.
These Terms are to be read subject to any legislation that prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible KNOWDIABETES limits its liability as follows, at KNOWDIABETES’s option:
- for any claims relating to these Terms to the fees payable under these Terms for the preceding three (3) months;
- in the case of products including any digital products (a) the replacement of the products or the supply of equivalent products; (b) the repair of the products; (c) the payment of the cost of replacing the products or of acquiring equivalent products or (d) the payment of having the products repaired;
- in the case of services including any digital services, the supply of the services again or the payment of the cost of having the services supplied again.
This clause survives the termination or expiry of these Terms for whatever reason.

15. Indemnity

Member indemnifies and releases KNOWDIABETES against any claims, losses, damage, cost (including legal costs), expense or liability arising out of:
- any breach of any warranty or obligation under these Terms;
- any willful or negligent act or omission of the Member or any of its officers, employees or, agents in relation to the performance of its obligations under these Terms; and
- any breach of any third party’s rights including intellectual property rights.

16. General disclaimer

Member shall not, at any time, be obliged to act on any information , suggestion, advice or guidance (“Information”) given by KNOWDIABETES as part of the Content and Services, but if and to the extent that it does so, it shall do so at their own risk. Member hereby unconditionally and irrevocably waives any rights of action it may have as against KNOWDIABETES in relation to any such information, suggestions, advice or information. Member is advised to take independent appropriate professional or medical advice before acting on such Information given within the Content and Services.
Member participates of its own free will in the Services and accordingly, knowingly and voluntarily assumes all risks associated with the use of the Content. Any information contained within the Content is not intended to provide specific physical or mental health advice, or any other advice whatsoever, for any individual or business and should not be relied upon in that regard. The Content and Services is not a substitute for direct, personal, professional medical care and diagnosis. If as a Member you have or suspect that you have a medical problem or impairment, contact your doctor or health care provider promptly.
Member acknowledges that KNOWDIABETES does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Services and Content other than pursuant to these Terms. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Use of the Website and the Services is at Member’s own risk. Everything on the Website and the Services are provided to Member on an “as is” and “as available” basis, without warranty or condition of any kind, except as otherwise expressly provided in these Terms. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of KNOWDIABETES (including any third-party providers) make any express or implied representation or warranty about the Services and Content. This includes (but is not restricted to) loss or damage Member might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the Services or any of the Content (including third party material and advertisements on the Website);
- costs incurred because of Member using the Website, the Services or any of the Content;
- any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
- any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
This clause survives the termination or expiry of this Agreement for whatever reason.

17. Termination of contract

The Terms will continue to apply until terminated by either you or by KNOWDIABETES as set out below.
Termination of these Terms does not affect any contract that has been formed between Members. A Member must comply with the terms of any contract entered into including providing the HCP services or paying the Marketing Fees as applicable.
If you want to terminate the Terms, you may do so by:
- providing KNOWDIABETES with 30 days’ calendar notice of your intention to terminate; and
- closing your account for all the services which you use, where KNOWDIABETES has made this option available to you.
Your notice should be sent, in writing, to KNOWDIABETES via the ‘Contact Us’ link on our homepage.
KNOWDIABETES may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- KNOWDIABETES is required to do so by law;
- the provision of the Services to you by KNOWDIABETES is, in the opinion of KNOWDIABETES, no longer commercially viable.
Subject to local applicable laws, KNOWDIABETES reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts KNOWDIABETES’s name or reputation or violates the rights of those of another party.

18. Independent legal advice

The parties confirm these Terms are fair and reasonable, having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

19. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.

20. Account suspension, termination and cancellation

KNOWDIABETES may, at its discretion and without liability to you, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Account, if you breach these Terms.
Should your account be terminated, you will not be entitled to any compensation for any confirmed orders or completed consultations.
KNOWDIABETES is entitled to suspend or terminate your account at any time if KNOWDIABETES, in its sole and absolute discretion, is concerned by any feedback about you, or considers your feedback rating to be problematic for other KNOWDIABETES users.

21. Laws and Jurisdiction

These Terms are governed by and construed in accordance with the Laws of the State of New South Wales. You irrevocably and unconditionally submit to the non-exclusive Jurisdiction of the Courts of the State of New South Wales and Courts of Appeal from them for determining any dispute concerning these Terms.

Terms & Conditions last updated 5 January 2021