Terms & conditions

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Thank you for visiting our website. This website is owned by Hairmop Pty Ltd (ACN 609 183 388) (trading as ‘Mosh’ and ‘Moshy’). By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.

In these Terms, 'us', 'we' and 'our' means Hairmop Pty Ltd (ACN 609 183 388).

We reserve the right to amend these Terms from time to time.

1. What are Mosh and Moshy?

Mosh and Moshy are health platforms that provide and facilitate confidential consultations with a range of Australian registered health practitioners. This includes Australian registered doctors (Doctors), nurse practitioners (NPs) and registered nurses (RNs) (each a Practitioner), as well as other specialised practitioners who practice via our platform, such as psychologists, counsellors and dietitians (Partner Practitioners). We also sell personal care products, and facilitate the supply by mail of medications by independent pharmacies (Pharmacies) which are registered on the platform.

Our website content and any communications you have with our representatives (other than our representatives who are Doctors and NPs) do not constitute medical advice. You should always obtain medical advice from a Doctor, NP or your regular doctor to ensure any particular medication or treatment is suitable and safe for you.

These Terms and Conditions apply as between us and users of the Mosh or Moshy websites. Independent practitioners and Pharmacies who may connect with users via the website have separate agreements with us which govern their use of the website and their respective relationships with us.

2. Registration

You must become a registered user in order to make orders through the Mosh or Moshy websites or attend consultations with Practitioners or Partner Practitioners via the Mosh or Moshy platforms. 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.

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 and shipping address. This information will enable the Practitioners and Partner Practitioners to conduct their consultations and (if relevant) enable us to supply personal care products, and Pharmacies to supply medications, to you. It is your responsibility to update this information so it is current, complete and accurate. We will handle all personal information we collect in accordance with our Privacy Policy.

When you register your account, you will also be required to create a password. You are responsible for keeping this password secure and are responsible for all use and activity carried out under your account. If you suspect, or become aware of, any unauthorised use or misuse of your account or any other breach of security in relation to your account, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).

You consent for us to contact you by email or phone if and when the need arises using the email address and phone number you provide when creating your Mosh or Moshy account. You agree that all information that you provide to us, and to the Practitioners, Partner Practitioners and Pharmacies will be true and complete to the best of your knowledge and that you will not purposefully omit to provide any information that could reasonably be judged to be potentially relevant to the Practitioners and Partner Practitioners in conducting their consultations and/or to pharmacists in supplying medications to you. It is also your responsibility to inform your existing doctor of any medicines the Doctors and/or NPs prescribe for you.

3. Services

We take no responsibility and make no warranties, express or implied, in relation to the content of any consultation between you and the Practitioners or Partner Practitioners, or the content of any advice a pharmacist may provide to you as part of a Pharmacy supplying medications to you. You and the Practitioners, Partner Practitioners and/or Pharmacies are responsible for the conduct of the consultation and all information or communications made.

All practitioners and pharmacies have professional and ethical obligations to telehealth patients, as they do with in-person consultations. The Practitioners, Partner Practitioners and Pharmacies will make notes of their consultation with / supply of medications to you and it is their responsibility to maintain sufficient records relating to such consultations and supply as required by law. We hold copies of notes made by the Practitioners and Partner Practitioners to facilitate continuity of care. We do not guarantee that an online consultation, or advice by telephone / text is appropriate for your particular health care needs. This assessment will be made by the Practitioners and Partner Practitioners. You agree to contact your own doctor immediately should your condition change or your symptoms worsen. If you require urgent care, you should contact your local emergency services immediately.

You agree that if you suffer from any noticeable side-effects, you will contact Mosh or Moshy (as applicable to your membership) to facilitate a further consultation with a Practitioner or Partner Practitioner. Mosh and Moshy are not pharmacies and therefore do not supply any medications. You can fulfil your script through a pharmacy of your choice, in which case your script will be sent to the pharmacy (physically or electronically) as permitted by law in the jurisdiction where the prescribing Doctor or NP is based and where you are based. In cases where you prefer to use a Pharmacy that is registered on the Mosh or Moshy platforms, we will facilitate the supply of medication and payment process as your agent, including passing your payment onto the Pharmacy on your behalf.

In line with government policy and regulations your health care provider including but not limited to Practitioners, Partner Practitioners and Pharmacists, may upload your medical information to My Health Record. If you wish to hide or remove documents from your My Health Record, or cancel your My Health Record please go to digitalhealth.gov.au for further information.

4. Accuracy, completeness and timeliness of information

The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we take reasonable care to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms) that may interfere with or damage the operations of your computer systems.

We may, from time to time and upon notice to you, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. To the extent permitted by law, we are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

5. Purchases

You may purchase one or more subscriptions or one-off transactions from the options available on our website. All subscriptions automatically renew unless cancelled before the next billing date or subsequent subscription period.

Mosh and Moshy pricing comprises:

• amounts we collect and pass onto:
  • Partner Practitioners (where they are part of your subscription), as a service we provide to the Practitioner where they are using Mosh or Moshy as a platform to provide telehealth services direct to their patients; and
  • Pharmacies (where you elect to have your treatment fulfiled by a Pharmacy), as a service we provide to users, (together, Pass Through Amounts); and
• the balance, which covers everything else Mosh or Moshy offers within your subscription. This includes any personal care (non-prescription) products you have purchased and access to consultations with and advice from Practitioners (Our Fees).

Our website refers to the aggregate of each user's Pass-Through Amounts and Our Fees as the user's subscription fee.

For subscriptions not relating to mental health, your subscription covers your initial consultation with a Doctor or NP and, if the Doctor or NP recommends medication, your mail delivered medication. Your subscription also gives you the right to access unlimited support from Doctors and NPs (by video, phone or text) and/or a registered nurse (by text only) during your subscription period, at no extra cost.

For subscriptions relating to mental health medication, your subscription covers any mail delivered medication recommended by a Doctor. Your subscription also gives you the right to access unlimited text support from a Practitioner during your subscription period, at no extra cost. Phone or video consultations with a Doctor are not included in your subscription. Where you do receive this service, the service will be bulk-billed (that is, no out of pocket cost to you), and you will need to consent to use of such service (and assignment of the Medicare rebate in full payment of the service covered by that item) at the time of receiving the service.

You will be charged the subscription fee at the time a checkout is completed. The subscription fee is determined after a Doctor or NP has indicated what (if any) medication is to be prescribed and you have advised whether you wish to receive medication from a Pharmacy which is registered on the platform, so that (if required) the actual cost of that medication (which we collect and pass on to the Pharmacy on your behalf) can be incorporated into the subscription fee. This is important so that the cost charged for medications is commensurate with the actual Pharmacy charges. No margin is applied to Pharmacy charges for medications.

If there is a change in your medication after payment which results in a different cost for the medication, you will be notified and your subscription fee will be updated accordingly. Any overcharge based on a higher previous price will result in a credit note, to be automatically applied to your next subscription charge.

All subsequent subscription charges will occur on a monthly, bi-monthly or 3-monthly basis thereafter, or any other frequency selected at checkout, as appropriate, unless cancelled by giving us at least 5 business days' notice before your next billing date or subsequent subscription period. Where you acquire psychology or counselling services via the Mosh or Moshy platform, the consultation fee is set by the Psychologist or counsellor rather than by Mosh or Moshy, and will be charged to you without a mark-up or margin (for clarity, the fees may vary from Partner Practitioner to Partner Practitioner). Billing and processing of fees on behalf of Psychologists and counsellors is a service Mosh and Moshy perform for these Partner Practitioners. Consistent with this, where a subscription fee includes fees for services provided by a Psychologist or counsellor, the component of the subscription fee which relates to these services will be equal to the consultation fees charged by that Partner Practitioner.

You expressly authorise us to process the payment for the subscription price via your nominated payment method(s) at the time a checkout is completed, and at each recurring billing date. We may, upon written notice to you, change the price for your current subscription, to take effect from your next billing date.

Our policy is to process payments in a manner which results in the user's credit card statement recording limited detail, which assists in preserving privacy. More detailed information including (as relevant) Medicare and PBS-related information is available in your user's account which can only be accessed when you are signed in.

We may, from time to time, enter into an agreement with a pharmaceutical company, for the supply of product which may or may not include financial support for the development of disease awareness campaigns. Healthcare prescribers operating on the Mosh and Moshy platforms are not obliged to write any prescription for any pharmaceutical product and act independently in accordance with their professional discretion. Mosh and Moshy, at all times, comply with the obligations of any applicable Laws, including the Therapeutic Goods Act 1989 (Cth) and Medicines Australia Code of Conduct, in regard to any such agreement with a pharmaceutical company.

All charges and prices as shown on our website are in Australian Dollars and inclusive of GST where applicable and delivery charges. Except to the extent set out in these Terms, Medicare benefits are not claimable for any of our services other than psychology services supplied by an eligible Psychologist who practises on the platform (subject to the usual rules which govern eligibility).

6. Refunds & Credits

Subject to any additional rights you may have at law (including under the Australian Consumer Law), the subscription price will be refunded only if:

• a Doctor, NP or Partner Practitioner declines a request by you for a consultation which is covered by your subscription (the decision to approve or reject a request is at the Doctor, NP or Partner Practitioner's absolute discretion) and we are unable to schedule a replacement consultation with an alternative Doctor, NP or Partner Practitioner acceptable to you within a reasonable period;
• an item you have ordered is out of stock and we are unable to offer you with an equivalent item that is acceptable to you (equivalency to be determined by Mosh or Moshy in the case of non-prescription products, and a Doctor or NP in the case of prescription products);
• a product or pricing error is identified (in which case the refund will correct the error);
• our Money Back Guarantee applies (in which case section 9 of these Terms and Conditions applies); or
• we block or suspend your account under section 11 of these Terms and Conditions. In the event you are entitled to a refund under this provision we will calculate a pro-rata refund in good faith based on the period which has elapsed and/or the proportion of goods or services supplied to you between your most recent payment and the date on which we block or suspend your account.

Refunds relating to goods or services covered by your subscription that we, a Partner Practitioner or a Pharmacy are unable to supply will reflect the proportion of your total subscription price attributable to the relevant goods or services. If a subscription is cancelled after being billed, Mosh or Moshy (as applicable) can provide a credit to be utilised towards any other service available on the Mosh or Moshy platform (as applicable), subject to Doctor or NP approval as required (see section 3. Services). Once an order has been processed and is awaiting shipment with a Pharmacy, no refund or credit can be requested.

In the event you fail to complete one or more of the following (each a Required Action):

• Mandatory consult with a Practitioner;
• Completion of consents, and terms of use;
• Providing full and correct contact details;
• or Payment in full,

the Pharmacy will be unable to process and ship your order. However, Mosh or Moshy (as applicable) will in good faith continue to provide access to all other aspects of the subscription service to ensure the Required Action(s) can be taken. Once there are no outstanding Required Actions, your order will be shipped.

If you have not completed the Required Actions to receive an order (Pending Order) before the next billing date, the Pending Order will be cancelled, and a credit will be allocated to your account. In the event that you have two (2) consecutive Pending Orders which are cancelled due to your failure to complete the Required Actions to receive these orders, your subscription with Mosh or Moshy (as applicable) will be cancelled moving forward.

Credits remain valid on your account for a period of six (6) months from the credit issuance date. You may redeem these credits in that time by contacting our customer service via email at [email protected].

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 this website. This information will help to better adapt this 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. Linked sites

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

9. Mosh Money Back Guarantee

We know how hard it can be to get started. That's why we instituted our 30 day Money Back Guarantee for our Weight Loss and Hair quarterly subscription programs. This means, if you sign up for a monthly, bi-monthly or quarterly Weight Loss, Skin or Hair treatment program, and decide to cancel your treatment for any reason, we will offer you a full refund in accordance with the following conditions:

• you must request a refund by reaching out via email to our Customer team at [email protected] within the first 30 days of receiving your first shipment;
• we require that you have a no-obligation consult with a doctor (whether via the Moshy platform or elsewhere) to ensure that you have the opportunity to ask questions and discuss your decision with a medical professional; and
• you may only utilise the 30 Day Money Back Guarantee once.

This offer only applies to our monthly, bi-monthly and quarterly plans, and excludes any pre-pay plans with an upfront payment for more than 3 months of treatment. For the avoidance of doubt, this offer applies to new sign-ups only and does not apply to changes of treatment.

10. Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).

Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

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

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

11. No commercial use

This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

12. Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

• providing false, misleading or deceptive information in the completion of any consultations;
• acting on behalf of another person to obtain information or services;
• repeatedly completing an application process if a Doctor or an NP has previously deemed you unsuitable for telehealth services;
• any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
• using this website to defame or libel us, our employees, Practitioners, Partner Practitioners or other individuals;
• using the website to harm, abuse, harass, stalk, threaten or otherwise offend others including our employees, Practitioners 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; or
• posting or transmitting to this website any non-authorised 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 or which is detrimental to or in violation of our systems or a third party's systems or network security.

We reserves the right to block or suspend you if one or more of the above conditions are broken. If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

We take very seriously the right of Mosh and Moshy employees, Practitioners and Partner Practitioners to work in an environment which is safe and free from abuse and harassment. If an employee, Practitioner or Partner Practitioner raises concerns with us about their interactions with a user, we will assess the situation and we may either seek to reallocate the user to a different Practitioner or Partner Practitioner or block the user. If we become aware that a user is harassing, threatening or otherwise harming an employee, Practitioner or Partner Practitioner we will block that user and we will pass a copy of clinical records relating to that user onto a health care professional nominated by the user on request by the user.

13. Warranties and disclaimers

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 this website or by any third party content or third party website. 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 this 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 our website and its use, and the goods and services accessed via our website, are hereby excluded. By accessing our website, you agree to indemnify Mosh, Moshy 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.

We do not warrant that the products and services provided through the Mosh or Moshy 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, other than as implied by law.

We reserve the right to restrict, suspend or terminate your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

14. Liability

To the extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any indirect loss, damage or expense - irrespective of the manner in which it occurs - which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

To the extent permitted by applicable law, we disclaim any liability resulting from the provision of services by Practitioners and Partner Practitioners and the supply of goods (and associated advice) by Pharmacies. Liability shall rest with the appropriate provider and shall not be deemed to rest with us. For the avoidance of doubt and to the extent permitted by applicable law, we disclaim any liability resulting from the provision of services by a Practitioner or Partner Practitioner or the supply of goods (and associated advice) by Pharmacies. All Practitioners, Partner Practitioners and Pharmacies are solely responsible for the clinical services they perform including (in the case of Pharmacies) the supply of medications.

Without limiting the application of the exclusions and limitations set out in this section 13, to the extent permitted by applicable law, under no circumstances will we be liable to you for any of the following losses or damage (whether such losses were foreseen, foreseeable, known or otherwise): (a) loss of emotional well-being (b) loss of data; (c) loss of revenue or anticipated profits; (d) loss of business; (e) loss of opportunity; (f) loss of goodwill or injury to reputation; (g) losses suffered by third parties; or (h) any indirect, consequential, special or exemplary damages arising from the use of our service regardless of the form of action.

15. Prohibition and severance

If any of these Terms should be determined to be illegal, invalid or otherwise unenforceable by reasons of the laws of any state or country in which these Terms are intended to be effective, then to the extent and within the jurisdiction which that Term is illegal, invalid or unenforceable, it shall be severed and deleted from the agreement and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

16. Jurisdiction and governing law

Your use of the website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.

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