We, XRHealth AU Pty Ltd (ACN 631 035 419) and our Related Entities shall be referred to collectively as “XRHealth”, “we”, “us”, or “our”. We provide a wide range of services related to virtual and augmented reality telehealth consultations and treatments (“Services”).

In these terms, “you” or “your” shall refer to you as a patient who utilises our Services and/or Hardware, of which these terms will be deemed to bind.

These terms may be amended by us at any time, and by continuing to use the Services and/or Hardware, you accept these terms and our Terms of Use as they apply from time to time.

Any capitalised terms in these terms are given their meaning in the Terms of Use.  

1. DEFINITIONS

For the purposes of these Terms:

“Business Day” means a day which is neither (i) a Saturday or Sunday, nor (ii) a public holiday in Victoria, Australia.

“Direct Debit Authority” means the authority you give XRHealth to use and debit your Nominated Card under clause 2 and as otherwise provided for in these terms.

“Fees” means “Prices” as that term is defined in the Terms of Use.

“Hardware” means the non-medical hardware devices manufactured by Beijing Pico Technology Co. Ltd as well as each or any replacement, altered or substitute part and all appliances, parts, components, instruments, appurtenances, accessories and other equipment which may from time to time be incorporated or installed in or attached to the goods and, except where the context otherwise requires includes any part of the goods.

“Nominated Card” means a valid credit card or debit card nominated by you or the Nominated Card Holder to which the Fees are to be debited.

“Nominated Card Holder” means a person other than you who holds a Nominated Card.

“Replacement Cost” means the pre-estimate value of the Hardware, being AU$999 or the cost of repairing any damage to the Hardware as reasonably determined by XRHealth from time to time.

2. AUTHORITY TO DIRECT DEBIT YOUR CREDIT CARD

1. If you are using a Nominated Card to pay for the Fees, you:

1. authorise XRHealth to receive and store all details of your Nominated Card that are required for XRHealth to process your payment of all Fees and to otherwise pay all outstanding balances;

2. warrant and represent to XRHealth that you are authorised to use the Nominated Card to meet your payment obligations under these terms; and

3. authorise XRHealth to debit amounts from, or credit funds to, the Nominated Card periodically in respect of all Fees and other amounts payable to, or from, XRHealth under these terms including:

1. any amount paid or payable by XRHealth or you to any person arising out of your use of the Services or Hardware or imposed on your or XRHealth by any government or other competent authority;

2. the Replacement Cost for lost, stolen or damaged Hardware;

3. the card surcharge payable for the method of payment you chose to use for your account; and

4. any amount which you reasonably owe to XRHealth under these terms or the Terms of Use, in respect of a breach or otherwise.

2. Subject to clause 2.3, after you have an appointment with one of our clinicians, an invoice is generated and your private health fund details applied to the invoice through the HICAPS terminal are used to calculate the out-of-pocket amount owed by you. XRHealth will then provide you with a receipt containing sufficient details about the Fees and any amounts payable under clause 2.1(c), including itemised charges for services rendered.

3. If you have subscribed to the Subscriptions Services and, prior to subscribing have previously provided XRHealth with a Nominated Card, you authorise XRHealth to debit amounts from, or credit funds to, the Nominated Card periodically in respect of any out-of-pocket amount owed by you for any consultation booked by you during the Subscription Period

3. HARDWARE REPLACEMENT COST

4. If you are receiving Hardware from XRHealth as part of the provision of the Services, you authorise XRHealth to deduct the Replacement Cost from your Nominated Card for lost, stolen and damaged Hardware and acknowledge that you must have sufficient funds in your account.

5. If the Hardware is damaged, lost or not returned to, or recovered by, XRHealth and XRHealth is of the opinion that it is impossible, impracticable or uneconomical to retake possession of the Hardware, then XRHealth will debit the Replacement Cost from your Nominated Card from the date the Hardware is damaged, lost (as determined in XRHealth’s absolute discretion) or not returned.

6. If the Hardware is deemed damaged, lost or stolen and XRHealth is unable to deduct the Replacement Cost from your Nominated Card in accordance with clause 3.1 and 3.2 due to the Nominated Card having insufficient funds or for any other reason, then:

1. after providing written notice to you, XRHealth may report to Hardware as stolen to the police; and

2. you are liable to pay XRHealth all Replacement Costs and compensate XRHealth for any loss XRHealth suffers (including all reasonable additional costs XRHealth incurs in recovering the Hardware) up to the time that the Hardware is recovered by XRHealth.

4. TERMINATION

7. XRHealth may terminate this Direct Debit Authority and cease to provide the direct debit service at any time by written notice sent by mail or email.

8. You may terminate this Direct Debit Authority by providing seven (7) days’ notice to XRHealth. To terminate, please email officeau@xr.health or call 1300 907 815. If you give notice to terminate this Direct Debit Authority, we may make any periodic direct debits due within the seven (7) days’ notice period.

9. If a Direct Debit Authority is terminated by either party, any contracts, agreements or payment obligations you have with XRHealth will not be affected.

5. YOUR RESPONSIBILITIES

10. You acknowledge and agree to:

1. inform XRHealth of any changes to your Nominated Card;

2. inform XRHealth of any changes to your contact details;

3. do all things reasonably necessary to facilitate the periodic direct debiting of your Nominated Card in accordance with these terms;

4. have a suitable Nominated Card available for the periodic direct debits;

5. have sufficient funds available in your Nominated Card for the periodic direct debits; and

6. immediately provide us with details for an alternative Nominated Card, which can be used to meet your obligations under these terms, and an authority for XRHealth to debit the alternative Nominated Card, if:

1. the existing Nominating Card is cancelled, suspended or is otherwise not useable; or

2. the existing Nominated Card Holder cancels your authorisation to use the existing Nominated Card.

6. INSUFFICIENT FUNDS

11. If you do not have sufficient funds in your account for the relevant Fees and you do not have a genuine dispute with XRHealth, we may:

1. charge you a failed payment fee for each unsuccessful debit;

2. charge you the failed payment fee even though you have also been charged a fee by your financial institution; and

3. charge you interest at 10% per annum (compounded daily) on the Fees from the date on which you were required to pay the amount to the date of payment.

12. XRHealth will not be liable for any fees or charges which arise because you had insufficient funds in your account and will not be liable to provide any information or explanation regarding unsuccessful debits of your account.

13. XRHealth will notify you of all amount payable to XRHealth under clause 6.1. You may dispute these amounts by contacting us within 5 Business Days of the notification being sent under this clause. You authorise XRHealth to charge and debit from your Nominated Card all undisputed amounts payable to XRHealth under this clause to your Nominated Card.

7. WHEN A DELAY MIGHT OCCUR

14. You acknowledge that a delay may occur in the processing of a periodic direct debit if:

1. there is a public or bank holiday on the day or the day after a payment is due to be made by direct entry;

2. a payment is received either on a day which is not a banking business day or after the normal close of business on a banking business day;

3. you do not meet your responsibility to have sufficient funds available in your account; or

4. there are failures or difficulties with technology.

8. AUTHORITY FOR XRHEALTH TO COMMUNICATE WITH YOU

You authorise us to communicate with you to validate and confirm your identity, credit card details, authority for periodic direct debits.

9. LIABILITY AND INDEMNITY

15. XRHealth will not be liable for any faults in the direct debiting of your account caused by:

1. fraudulent activity;

2. security hacking;

3. environmental disasters;

4. failure of technology systems used by XRHealth;

5. any fault in the technology systems used by XRHealth for direct debiting; or

6. any delay or interruption caused by the technology systems used by XRHealth to facilitate direct debiting, except where such faults arise from XRHealth’s own negligent acts or omissions.

16. You release and indemnify XRHealth in respect of:

1. any payment made by you or any direct debit of your Nominated Card made by XRHealth pursuant to these terms;

2. the matters set out and payments made in accordance with these terms;

3. any claim you may have in relation to the payments made by you pursuant to these terms; and

4. any situation where, despite your Nominated Card being debited by XRHealth, XRHealth fails to provide or suspends the provision of Services to me, except where loss or damage arises due to XRHealth’s own negligent acts or omissions.

17. You acknowledge that if any of these terms or any part of them is illegal or invalid, then only those terms or that part of them will be void and the remainder will remain in full force and effect.

10. DISPUTED CHARGES

18. XRHealth will notify you of all amounts payable to XRHealth under these terms. You may dispute these amounts by contacting officeau@xr.health within five (5) Business Days of the notification being sent under this clause. You authorise XRHealth to charge and debit from your Nominated Card all undisputed amounts payable to XRHealth under these terms.

19. You must direct any enquiries about unsuccessful debits of your account to your financial institution.