Terms & Conditions
Terms and Conditions for use of CoTreat
Thank you for using CoTreat.
1. CoTreat Pty Ltd [ABN 92 638 604 190] (we, us or our) is the owner and operator of the ‘CoTreat’ software (Software).
2. Our Software, through artificial intelligence and human verifiers helps users of the Software ( Users) identify dental pathologies and improve patient’s dental experience.
3. Please read through the following terms and conditions ( Terms). The Terms will form an agreement between you and us which will govern your use of the Software.
4. By accessing our Software you acknowledge and confirm that you have read and understood these Terms, and you agree to comply with these Terms.
5. Failure to comply with these Terms may result in termination, suspension or restriction of your access to the Software without notice in our absolute discretion.
6. If you disagree with any of these Terms, please do not use the Software.
8. You warrant that if you provide personal information of any other individuals through the Software, you have obtained all necessary consents to provide this information under applicable privacy laws.
9. Unless expressly stated otherwise, we are the sole owner of all data, records, works, copyright, trade marks, trade names, patents and other intellectual property rights created, developed, subsisting or used in or in connection with the Software (not including any third party apps or websites), whether or not you contribute to such material.
10. To the extent that it is not covered by the above paragraph, we are the sole owner of any data, records, works or other information created as a result of artificial intelligence, machine learning algorithms or otherwise by the Software.
11. Except to the extent permitted by the ‘Limited Licence’ in these Terms below, or as required under law, the Software must not be accessed, used, republished, reproduced, copied, sold, modified, or otherwise exploited (in full or in part), without our express written consent.
Limited Licence (Dentist Users)
12. If you are a dentist or dental practice user ( Dentist User) we grant you a limited, revocable, and non-exclusive licence to access and use the Software (Limited Licence). The rights granted to Dentist Users by the Limited Licence are personal, and are intended to allow you to access and use the Software for the purposes of assisting a health professional to identify dental pathologies and communicating a health professional’s treatment plan to the patient. Dentist Users must not access or use the Software for any other purpose, including commercial purposes.
Use of the Software
13. You acknowledge and agree that:
(a) the Software only facilitates the provision of information to the treating health professional that may assist the treating health professional in their own professional practise;
(b) the Software is not be used as a substitute for an assessment, diagnosis and treatment by a health professional;
(c) the Software does not replace, take on or detract from any of the professional responsibilities and/or duties of a health professional or practice;
(d) you are responsible for assessing the accuracy of the information provided by the Software;
(e) you use the Software and the information provided to you through the Software at your own risk.
14. You must not make any part of the Software available as part of another application, software or website in any manner without our express written consent.
15. Our Software facilitates communication with patients and dentists. You must ensure that any information entered into the Software is true and accurate. You are responsible for any communication made through the Software.
16. You must not use any device, application, other software, item or equipment, or take any action, which does or may affect the operation of the Software.
17. If you create an account with the Software ( Account), you are responsible for any activities of that Account and maintaining the security of the Account.
18. If you create an Account for any person/s other than you, you warrant that you have obtained such person’s prior consent to create an Account for them and to provide their personal information via the Software for this purpose.
19. If you suspect your Account may be vulnerable to or has been subject to unauthorised use you must notify us immediately.
20. The Software also provides patients ( Patients) with a more convenient, transparent and accessible healthcare experience. Our contact with Patients is limited to providing the patient with a report (Report) of their proposed treatment plan and developing a Patient profile to assist health professionals determine future treatments.
21. We are not providing a health service to Patients.
22. You acknowledge that we are not responsible for any health services or advice provided by any health professional and we do not make any representations about their expertise or the suitability of any services or advice provided, or not provided.
23. The Report is prepared by the health professional. The health professional is independent from CoTreat. We do not make any warranties or representation regarding the quality or accuracy of the information provided in the Report.
24. If you are a Patient, the Software enables you to communicate with your treating health professional or practice, and vice versa.
25. If you provide information to a third party through the Software (whether you are a Patient or any other User), we are in no way responsible nor liable to you for any third party’s handling of your personal information. Before you provide your information to any third party, you should familiarise yourself with any privacy policies of that third party.
Third party information
26. We may provide links to or information from third party applications or websites through the Software ( Third Party Information). We do not endorse, and we are in no way responsible nor liable for the content of any Third Party Information. Further, we do not claim that any Third Party Information is accurate.
27. You are responsible for assessing the relevance and accuracy of the Third Party Information. Linked third party applications or websites may have their own terms and conditions of use, and you should familiarise yourself with those terms and conditions when using such third party applications or websites.
Limitation of Liability
28. We do not make any warranties or representations regarding the quality or accuracy of information provided through the Software.
29. To the extent permitted by law, we are not responsible for and you release us from all liability (including in negligence) in respect of any losses, damages, injury to property or person, and costs incurred or suffered directly or indirectly in connection with your use of the Software or in connection with any information contained in the Software.
30. If you are a Patient, to the extent permitted by law, we are not responsible for and you release us from all liability (including in negligence) in respect of any losses, damages, injury to property or person, and costs incurred or suffered directly or indirectly in connection with the provision of health services or any other conduct or activities of health professionals (including in respect of the standard of any health services provided, and the handling of personal information).
31. We are not responsible for the deletion or otherwise unavailability of information or functionality contained in or accessed through the Software.
32. To the extent permitted by law, you agree to indemnify us and hold us harmless against any losses, damages, injury to property or person, and costs incurred or suffered directly or indirectly in connection with: any breach by you of these Terms; any information provided by you or a third party which is provided, contained in, or accessed through the Software; and any breach by you of any applicable law or the rights of a third party (including any third party intellectual property rights).
Subscription fees (Dentist Users)
33. CoTreat monthly or annual subscription fee for users to use the Software is agreed upon signing the commercial agreement. Presently via Stripe. The following terms will apply:
(a) All subscription fees must be paid in advance. The applicable fees will be billed automatically at the start of the relevant monthly period. These fees will automatically renew until you cancel your subscription by contacting CoTreat. If you cancel your subscription the cancellation will take effect at the end of your current monthly period. You may renew your subscription at any time after that.
(b) We reserve the right to change the subscription fees at any time by providing you with reasonable advance notice of any such change (but in any case, no less than 28 days’ notice). Subject to applicable law, you agree to accept any changes to the subscription fees by continuing to use the Software after the price change takes effect. If you do not agree with the changes to fees, you may reject the change by cancelling your subscription prior to the change taking effect.
34. All subscriptions to the Software will be provided in accordance with the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) and other applicable law.
35. We may from time to time amend or update the content or functionality of the Software. We may do so at any time in our absolute discretion and without prior written notice to you.
Updates to these Terms
36. We may from time to time amend or update these Terms at any time by publishing new Terms on the Software. You are bound by any such new Terms where you continue to use the Software after any such amendment or update of the Terms. You are responsible for reviewing the Software periodically to check for any amendment or update of the Terms.
37. Any provision of these Terms which is found to be invalid or unenforceable must be read down, if possible, so far as to be valid and enforceable, and if that is not possible, the provision must, to the extent that it is capable, be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms.
38. These Terms are governed by the laws of the State of Victoria, Australia, and each party submits to the exclusive jurisdiction of the courts of the State of Victoria, Australia.
39. If you access or use the Software in the capacity of an authorised representative of another person or entity, you acknowledge and agree that you are legally authorised to bind that other person or entity to these Terms.
40. The version of the Software you are using is not the final version.
41. Without limiting the provisions of these Terms, you acknowledge and agree that:
(a) the software in this version of the Software is not in a final form ready for general release, and it may not operate correctly with respect to its functionality, accuracy or appropriateness of the information provided, or otherwise;
(b) this Beta version of the Software is provided ‘as is’ without warranty of any kind, express or implied, to the extent permitted by law;
(c) you use this Beta version of the Software at your own risk.
If you have any questions regarding these terms, please contact us at [help@CoTreat.com.au].
Version number 01.07.22