Welcome to dBest!
Thanks for using our products and services and thank you for taking the time to read our terms and conditions. This website located at www.dBest.com.au (the Website) is dBest ABN: 12607332981
dBest reserves the right to amend these Terms and Conditions from time to time.
- Who are we?
- dBest ABN: 12607332981
Address PO BOX 692 Subiaco WA 6904
- dBest is a men’s health platform that facilitates confidential consultations with Australian registered doctors (Partner Doctors) and health practitioners (Partner Practitioners).
- Our website content and any communications you have with dBest representatives (other than Partner Doctors and Partner Practitioners) do not constitute medical advice. You should always obtain medical advice from a Partner Doctor or your regular doctor to ensure any medication or treatment is suitable and safe for you.
- User account
- You must become a registered user in order to make orders through the dBest website or attend consultations with Partner Doctors or Partner Practitioners. Each user is permitted to create a maximum of one registered user account (Account). Registered users must (1) be over 18 years old, (2) be resident in Australia, (3) be capable of entering a legally binding agreement with dBest and (4) agree to these Terms and Conditions.
- Registered users will be required to create an Account password. It is your responsibility to keep this password secure. If you suspect your Account has been subject to unauthorized use you must immediately notify dBest and change your password.
- You agree that all information provided to dBest, Partner Doctors and Partner Practitioners will be accurate and complete (including by providing a full list of any current medications you are taking) and that you will not omit any information that a reasonable person would consider relevant to the services you seek through the Website. It is your responsibility to advise your regular doctor of any medications Partner Doctors have prescribed to you.
- dBest takes no responsibility and makes no warranties, express or implied, in relation to the content of any consultation between you and a Partner Doctor or Partner Practitioner. You and your Partner Doctor or Partner Practitioner are responsible for the conduct of the consultation and all information or communications made, including through the Chat feature of the Website or a phone call.
- Partner Doctors and Partner Practitioners have the same obligations to you as if they were consulting you in person. Partner Doctors will make notes of their consultation with you, and it is their responsibility to hold and maintain your records as required by law. dBest may from time to time hold copies of notes made by your Partner Doctor or Partner Practitioner.
- dBest makes no warranties that an online consultation with a Partner Doctor or Partner Practitioner is suitable for you.
- Intellectual Property
- All material on the Website, including the text, information, graphics, trading names, logos, design, layout, downloads, pricing, products, and services (Content) is owned by or licensed to dBest. You must not reproduce, transmit, adapt, distribute, sell, modify, publish, or store Content for any purpose, other than with the prior written consent of dBest, or as permitted by law. All rights of dBest are reserved.
- dBest and aspects of the dBest logo are trademarks of dBest.
- Trademarks used on the Website to describe third parties and their products are trademarks of those third parties.
- Linking and Third-Party Content
- You must not link to, frame, or mirror any part of the Website without dBest written authorization.
- The Website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organizations and individuals (Third Party Websites). Third Party Content and Third-Party Websites are not under the control of dBest. dBest 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.
- Your conduct
- You must not:
- use the Website in breach of any applicable laws or regulations.
- use the Website for commercial purposes (including for competitive advantage or to the competitive disadvantage of dBest);
- use the Website to harm, abuse, harass, stalk, threaten or otherwise offend others.
- interfere with, disrupt, or create an undue burden on the Website.
- upload, post, transmit or otherwise make available any material that:
- is not your original work, or which may infringe the intellectual property or other rights of another person;
- is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent, or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability.
- includes an image or personal information of another person unless you have their consent.
- you know or suspect, or should reasonably know or suspect, to be false, misleading, or deceptive.
- contains large amounts of untargeted, unwanted, or repetitive content; or
- contains financial, legal, or other professional advice.
Without limiting the above, you will not and will not permit a third party to:
- use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider, or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analyzing, modifying or repacking the Content.
- use, obtain, or attempt to obtain from the Website, information to identify or discover pricing, underwriting, rating and related business methodology or systems; and
- do anything which will or may damage, disrupt access to or interfere with the proper operation of the Website.
If you believe that a user has breached any of the above conditions, please contact us email@example.com
- dBest reserves the right to block or suspend any user of its website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the Website by any user, without notice. By uploading, transmitting, posting or otherwise making available any material via the Website, you grant dBest a nonexclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit an dBest can exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Copyright Act 1968. For the avoidance of doubt dBest will not use, reproduce, edit or exploit your health information provided to dBest.
- dBest is not responsible for, and accepts no liability with respect to, any material uploaded, posted, transmitted, or otherwise made available on the Website by any person other than dBest. dBest does not endorse any opinion, advice or statement made by any person other than dBest.
- You agree to indemnify dBest and each of the officers, employees, agents, contractors, suppliers and licensors (collectively Affiliates) of dBest in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these Terms and Conditions, or any other default or wrongful conduct in relation to the subject matter of these Terms and Conditions, on the part of you or any of your Affiliates.
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 optimize 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.
- User Content
- You grant to us a worldwide, irrevocable, non-exclusive, royalty free license to use, reproduce, adapt, publish, translate and distribute your content uploaded to our website through the Chat feature in any existing or future media. You also grant us the right to sub-license these rights and the right to bring an action for infringement of these rights.
- Any information uploaded to our website through the Chat feature will be treated as confidential information between the User and dBest and will not be published on our website or made available publicly.
- Your content must not be illegal or unlawful, must not infringe any third party’s legal rights and must not be capable of giving rise to legal action whether against you or us or a third party.
- You must not submit any content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
- We reserve the right to edit or remove any material submitted to our website through the Chat feature, or stored on our servers, or hosted or published upon our website and we will store and maintain records as required by law.
- We will store and maintain all material and records as required by law.
- To the extent permitted by law, dBest is not liable for any loss or damage, howsoever caused, which may result from your use of or failure to access the Website, the content contained on the Website or since Website content is wrong, incomplete or out of date.
- To the extent permitted by law, dBest disclaims any liability arising from the actions of Partner Doctors or Partner Practitioners. The liability for the actions of Partner Doctors and Practitioners, including advice provided and prescriptions prepared and filled through the WEBSITE, rests solely with those third parties’ providers.
- All health-related queries should be directed to Partner Doctors and Practitioners and not to dBest. Their contact details will be provided to you at the start of your consultation.
- Warranty and Disclaimer
- By accessing our website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by the Website or by any Third-Party Content or Third-Party Website.
- To the extent permitted by law, all warranties, conditions, and claims (whether express or implied) arising out of or in any way connected with the Website and its use are hereby excluded. By accessing our website, you agree to indemnify dBest and each of its Affiliates for any loss, damage, costs or expenses whatsoever suffered by any person or entity arising out of or in any way connected with your access to the Website.
- dBest does not warrant that the products and services provided through the Website are fit for your intended purpose. All products and services provided through the website are provided on an ‘as is’ basis without warranty of any kind, express or implied.
- Refunds Policy, Dispatch & Deliveries Policy
- Consultations: dBest charges a consultation fee on behalf of our partner doctors. You will be charged the consultation fee at once you start the assessment process. This consultation fee will be refunded to you if dBest partner doctor considers the telemedicine format as not appropriate for your specific condition.
- Subscriptions Charges: Based on your preferred treatment option, dBest will place a hold on your card for the anticipated cost of the first charge of your subscription. The hold is not a charge and will reverse in 7 days if your consultation is not approved by your doctor. If your doctor consultation is approved for treatment (and the decision to do so rest solely with your doctor), dBest provides several subscription options, each being billed and shipped once every two months. You will be charged for your treatment plan when doctor’s approval is granted. All subsequent charges will occur once every two months until your treatment is complete, or a follow-up doctor consultation is scheduled.All prices listed are inclusive of GST and shipping costs where relevant.
- Subscriptions Refunds: Subject to rights that cannot be waived under Australian Consumer Law, the subscription price can only be refunded when a) you let us know you would like to cancel your subscription and goods have not yet been dispatched by our partner pharmacy b) our partner pharmacy cannot fulfil your order due to lack of stock c) a product or pricing error is identified. We can only refund back to the payment method and card used for the original charge.
- Subscriptions Delivery: After your doctor approves the treatment and issues a prescription, dBest partner pharmacy will dispense your medication within 5 business day of a successful consultation taking place. Your medication will be delivered by Australia Post and a signature on delivery will be required. Delivery times by Australia Post differ, depending on your shipping address, please visit auspost.com.au/ for exact timelines, terms and conditions.You can fulfil you script through a pharmacy of your choice, if you wish to do so, please contact us at firstname.lastname@example.org. In cases where you prefer to use a pharmacy that is not partnered with dBest, dBest will not be able to facilitate the subscription and payment process.
These terms and conditions are governed by the laws of Western, Australia.
If you have any queries regarding these terms and conditions, please contact us at email@example.com.