The Turnto platform provides an online platform to search, view, and discuss health information and insights for conditions, subject to our acceptance of these terms of service (these Terms) in accordance with clause 2 and 3 of these Terms. If you do not agree with these Terms, you may not use or access the services in any manner.
Prior to accepting these Terms, please be advised that Turnto is not a medical diagnosis tool, nor is Turnto qualified to prescribe or recommend any treatments found within the Platform. Any information is provided to you as is and as available and is general information for you to use as a starting point only. Turnto is not a replacement for medical advice. You should always seek medical advice from a qualified medical practitioner prior to using or relying upon the information and services provided on the Platform.
Our complete terms and conditions are contained below, but some important points for you to know before you become a user are set out below:
Nothing in these terms limit your rights under the Australian Consumer Law.
1. About the Platform
1.1 Welcome to our platform which includes our website, https://turnto.ai and mobile application (collectively referred to as the 'Platform'). The Platform provides health information for consumers, carers and professionals (the 'Services').
1.2 The Platform is operated by Turntohealth Pty Ltd (‘Turnto’, ‘we’, ‘us’, or ‘our’) (ABN 67 651 017 748). Access to and use of the Platform, or any of its associated Products or Services, is provided by Turntohealth Pty Ltd.
1.3 Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading, and registering on the Platform, this signifies that you have read, understood and agree to be bound by the Terms and consent to personal and sensitive information being collected. If you do not agree with the Terms, you must cease usage of the Platform, or any of Services, immediately.
2. Acceptance of the Terms
2.1 Your use of the Services is subject to these Terms. You may accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Turnto in the user interface. If you do not agree with the Terms you must cease usage of the Platform. You may request deletion of your Personal information at any time by contacting us at [email protected].
2.2 You may not use the Services and may not accept the Terms if:
3. Registration to use the Services
3.1 In order to access the Services, you must first register for an account through the Platform (the 'Account').
3.2 As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
3.3 Additionally, you may be required to provide sensitive information about yourself or the person you care for if you are legally allowed to do so (such as your medical condition, general medical information, and other health related information).
3.4 You warrant that any information you give to Turnto in the course of completing the registration process will always be accurate, correct and up to date.
3.6 Once you have completed the registration process, you will be a registered member of the Platform ('Member').
4. Your obligations as a Member
4.1 As a Member, you agree to comply with the following:
4.2 Appropriate legal action will be taken by Turnto in respect of any use of the Platform that breaches the above terms and Turnto has the right to automatically suspend or terminate access to the services or platform without notice.
5. Copyright and Intellectual Property
5.1 You acknowledge and agree that any and all Intellectual Property or content (including copyright and trademarks) available on the Platform, the Platform itself, and any algorithms or machine learning models used on the Platform (Our Intellectual Property) will at all times vest, or remain vested, in us or our third party licensors. Intellectual Property means any and all existing and future rights throughout the world conferred by statute, common law, equity or any corresponding law in relation to any copyright, designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the forgeoing, whether or not registered or registrable.
5.2 We authorize you to use Our Intellectual Property solely for your personal use. You must not exploit Our Intellectual Property for any other purpose, nor allow, aid or facilitate such use by any third party. You may only access Our Intellectual Property on your personal device, and you may not use Our Intellectual Property for any commercial purpose.
5.5 You may not, without the prior written permission of Turnto 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 also extends to materials on the Platform, unless the originator of the content is the user republishing them (in the case of a "Consumer Review" or "Expert Review").
5.6 You may not, without the prior written permission of Turnto, use electronic programs, codes or machine learning techniques to scrape or gather the data from the Platform for personal, research or commercial use.
6. Your Content
6.1 You own all data, information or content you upload into the Platform (Your Content).
6.2 You grant us a limited licence to copy, transmit, store, backup and/or otherwise access or use Your Content to: (a) communicate with you (including to send you information we believe may be of interest to you); (b) supply the Platform to you and otherwise perform our obligations under these Terms; (c) diagnose problems with the Platform; (d) enhance and otherwise modify the Platform; (e) perform analytics; (f) develop other services, provided we de-identify Your Content; and (g) as reasonably required to perform our obligations under these Terms.
6.3 If you have any moral rights (Moral Rights) in any material provided, used or prepared in connection with this Agreement, you agree to consent to our use or infringement of those Moral Rights. Moral Rights has the meaning given in the Copyright Act 1968 (Cth) and includes any similar rights in any jurisdiction in the world.
6.4 You agree that you are solely responsible for all Your Content that you make available on or through the Platform. You represent and warrant that: (a) you are either the sole and exclusive owner of Your Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in Your Content (as contemplated by these Terms); and (b) neither Your Content, nor the posting, uploading, publication, submission or transmission of Your Data or our use of Your Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
7. Third-party Interfaces
7.1 Turnto works with a number of partners and affiliates whose websites are linked with Turnto and are controlled by parties other than Turnto (each a Third Party Website). Turnto is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Website, any website accessed from a Third Party Website or any changes or updates to such sites. Turnto makes no guarantees about the content or quality of the products or services provided by such sites. If you have opted in to any Third Party Services, such as email communication or access to their website, the third party may contact you by email and/or phone with instructions on how to access your benefits and to keep you informed of their services. You may be required to accept additional terms located on the Third Party Website.
7.2 Certain services made available on the Turnto Platform are delivered by third parties. By using any product, service, or functionality originating from the Turnto Website, you are allowing Turnto to share information with any third party with whom Turnto has a pertinent contractual relationship, any information necessary to facilitate its provisions of products, services, or functionality to you.
7.3 The Platform may provide the Member with Member-generated external links to content that the Member thinks is important health and treatment information. The external links may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Platform, such third party provides the goods and services to you, not us.
9. People with Disabilities
9.1 Turnto endeavours to provide the Services to those with disabilities. If you believe that you are unable to access the Services, please contact us at [email protected].
10. General Disclaimer
10.1 Turnto is not a medical practitioner and does not provide any specific medical advice to its members. The contents on the website, which are published by Turnto or its contributors, are general in nature only, and may not be suitable for your specific requirements. Under no circumstances does the content on the platform replace the requirement to seek advice of a medical practitioner and the information on the platform is to be used as a starting point only.
10.2 You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
10.3 To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack (DDoS), viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Platform or any Services provided by the Platform or to your downloading of any material posted on it, or on any website linked to it.
10.4 Important - All health content and other information made available on the Platform is for information purposes only and is not a substitute for the advice of a qualified healthcare professional. We strongly recommend you consult with a qualified healthcare professional prior to using the Services and/or information made available on the Platform. You should never disregard medical advice or delay in seeking it because of information you have read on the Platform.
11. Limitation of Liability
11.1 Turnto's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total amount of fees paid in the previous 12-month period or a resupply of the Services to you.
11.2 Both parties expressly understand and agree that neither party, its affiliates, employees, agents, contributors and licensors shall be liable to the other for any , indirect, incidental, special consequential or exemplary damages which may be incurred, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
12. Termination of Contract
12.1 The Terms will continue to apply until terminated by either you or by Turnto as set out below.
12.2 If you want to terminate the Terms, you may do so by:
12.3 Turnto may at any time, terminate the Terms with you if:
12.4 Subject to local applicable laws, Turnto 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 Platform or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Turnto's name or reputation or violates the rights of those of another party.
13. Dispute Resolution
13.1 If a dispute arises out of or relates to these Terms, Turnto and the Members may not commence any legal proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought):
13.2 A party to these Terms claiming a dispute (the Dispute) has arisen under these Terms, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute (the Notice).
13.3 On receipt of the Notice, the parties to the Dispute must within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
13.4 If for any reason whatsoever, 21 days after the date of the Notice, the Dispute has not been resolved the parties to the Dispute must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Dispute Resolution Centre (as superseded) or its nominee and attend a mediation.
13.5 It is agreed that mediation will be held in Brisbane, Queensland, Australia. The parties to the Dispute may appear by audio-visual link where the mediator is capable of attending the mediation by way of audio-visual link.
13.6 The parties to the Dispute are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing, undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The parties to the Dispute must each pay their own costs associated with the mediation.
13.7 All communications concerning negotiations made by the parties arising out of and in connection with this dispute resolution clause are confidential and to the fullest extent possible, must be treated as without prejudice negotiations.
13.8 If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.
13.9 In the event that the Dispute is not resolved at the conclusion of the mediation, the parties to the Dispute must refer the Dispute to the Australian Centre for International Commercial Arbitration (ACICA) and be resolved by arbitration in accordance with ACICA Arbitration Rules. The seat of arbitration will be Brisbane, Australia. The language of the arbitration will be English.
13.10 The parties are equally liable for the fees and reasonable expenses of the arbitrator and the cost of the venue of the arbitration and without limited the foregoing, undertake to pay any amounts requested by the arbitrator as a pre-condition to the arbitration commencing. The parties must each pay their own costs.
13.11 Any arbitration under these terms will be on an individual basis and no class or representative actions are permitted under these terms.. Notwithstanding this clause, a party to these Terms have a right to issue legal proceedings in a court of competent jurisdiction for injunctive or equitable relief, pending a final decision by an arbitrator.
13.12 This clause 14 may be used as a complete bar to proceedings in Court, and Turnto may rely upon the mandatory laws enacted in your State or your country of origin implemented in accordance with the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958.
14. Australian Consumer Law
14.1 Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Consumer Law Rights).
14.2 If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.
14.3 Subject to your Consumer Law Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
This clause will survive the termination or expiry of this Agreement.
15. Governing Law
15.1 The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
16.1 Except as otherwise provided herein, all notices and other communications to you hereunder shall be in writing or displayed electronically in the Services. Notices to you shall be deemed to have been properly given on the date it is published or on the date first made available, if displayed in the Services; or on the date received, if delivered in any other manner. Notices to us should be sent to [email protected].
17.1 Nothing in this contract is intended to create a fiduciary relationship, partnership, joint venture, agency or employment relationship with the Member.
18.1 A waiver of any right, power or remedy under this Agreement must be in writing signed by the party granting it.
18.2 A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
18.3 The fact that a party fails to do, or delays in doing, something the party is entitled to do under this Agreement does not amount to a waiver.
19.1 Turnto may assign or transfer its rights or obligations under these Terms without your consent.
19.2 You may not assign or transfer your rights or obligations under these Terms without prior written consent of Turnto. A purported assignment without written consent will be deemed to be void and convey no rights.
20.1 All provisions of these Terms which by their nature should survive termination will survive termination, including, without limitation, confidentiality, non-solicitation, disclaimer, and limitation of liability.
20.2 When these Terms come to an end, all of the legal rights, obligations and liabilities that the Member, and/or Turnto have benefited from, been subject to (or which have accrued over time whilst these Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
21.1 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.
Last updated: August 16, 2023
If you have any questions, please contact Turnto at [email protected]