Terms Of Service

The use of services provided by Fluidic Pty Ltd (hereafter referred to as "Fluidic") are subject to the following Terms and Conditions.

Party Definitions and Introductory Terms — The operative parties referred to in this Agreement are defined as follows:

• Fluidic is the publisher and operator of www.yourhealth.net.au and the quarterly Your Health newsletters, and related GP Marketing and patient communication services including, but not limited to, websites and email newsletters.
• When first-person pronouns are used in this Agreement, (Us, We, Our, Ours, etc…) these provisions are referring to Fluidic Agency Pty Ltd. Additionally, when the terms "the Site" or "Site" are used, these terms refer to any site published by Us, unless a site is specifically exempt from this policy or explicitly indicated as belonging to another Party.
• You, the Client — As Our Client and the user of the Site or Services, this Agreement will refer to You through any second-person pronouns, such as "Your," "Yours," etc….

Please read the following Terms and Conditions carefully.

When you first sign up, or whenever we update these Terms, you’ll be asked to click “I accept” (or similar) to confirm your agreement. By doing so, you confirm that you’re authorised to agree on behalf of your organisation. You can download or print a copy of this Agreement for your records.

If you do not agree with these Terms, you should not subscribe to or continue using Our Services. By subscribing or continuing to use the Services, you confirm your acceptance of the current Terms and Conditions.

Your electronic acceptance of this Agreement (including by clicking “I accept” or continuing to use the Services) is valid and binding under the Electronic Transactions Act 1999.

These laws confirm that electronic contracts and records are legally enforceable, provided the method used shows intent and is appropriate for the circumstances.

Agreement to use Our Services is ongoing until you choose to discontinue the services. You can unsubscribe from specific services at any time by either cancelling your subscription payments with us, or requesting a cancellation in writing (e.g. email).

Newsletters

The Your Health general practice newsletter for patients is printed every quarter and distributed to subscribers. The cost for the newsletter includes printing, quality medical articles, and distribution to your medical centre(s).

After subscribing to the service, you may discontinue after 12 months (or four issues). There is an early cancellation fee of $150+GST for customers who cancel within 1 year/12 months. This is to cover our costs in setting up the accounts and newsletter.

You have the right to print out PDF copies of the newsletter and make them available to your patients. All information in the newsletter, expect information specific to the Medical Practice is the intellectual property of Us and is copyright.

Proofs of Newsletter Artwork

Before the printing deadline for each new issue, a notification will be sent to the registered users of Your account. Please ensure contact information remains current and is checked regularly. The notification will advise of the coming deadline for the next issue for changes to be made to the personalised practice information area.

If you make no changes, it is understood that the existing content is still up-to-date.

If you do make updates to the content, these are changed in your print production file by hand. A new proof of the artwork will be provided to you for your approval before going to print. Please check the proof carefully as, from time to time, it is possible for the typesetter to miss very small changes. After you have checked the new proof, you will have the option to resubmit further changes, or Approve the proof. Artwork will not go to print without your final approval.

If We do not receive approval or a response by the artwork deadline, We may proceed with the latest approved version on file. We will make all reasonable efforts to avoid errors, but You are ultimately responsible for final approval of all content.

Any errors in the approved artwork are Your responsibility. Printing mistakes will only be rectified at additional cost, including fees to re-ship.

Newsletter Refunds & Termination

Refunds are not issued following the content deadline for each issue because at this point, we have commenced production (printing) of your newsletter. If you cancel your subscription after production (printing) of the newsletter has begun, you will still need to pay us for that edition and we will still send it to you.

We are not responsible for delivery delays or issues caused by third party courier or mail services.

Should You wish to terminate this Agreement, You must do so in writing, by sending us an email, or via the portal by cancelling your subscription.

The newsletter is a quarterly publication with billing spread into monthly payments. If You choose to terminate the newsletter subscription prior to the end of a 3 month term, You agree to pay the outstanding months owing to cover the production costs of the last edition.

Websites

We also provide professionally designed and managed websites for subscribing healthcare practices.

Any stock images used are provided royalty free and licensed by Us for use on the practice website. Any photographs of Your business, team and contractors are used exclusively for the website and are owned by You, the Client and copyright to You.

We reserve the right to include a link on the website and/or attribution in our portfolio as the designer/developer of the website, however, this can be removed on request.

As this is a fully managed service, the ongoing management fee includes hosting of the website, and any and all changes and additions that you request. The monthly fee also includes security, updates, and monthly backups.

Domain names are owned by Your business and may be provided for an additional charge, but will always be registered under the practice’s ABN.

You can discontinue website subscription with Us at any time, however we are unable to transfer the website to another server on your behalf, or provide the original source files. You are free to make a static snapshot of the website and reproduce it on another server, but the underlying code and infrastructure setup remains Our intellectual property and is non-transferrable.

Your Health Widget

A widget plugin featuring Your Health articles is available and may be installed on subscribing websites where agreed by both parties.

The widget remains Our intellectual property nd may not be used in conjunction with any other website or on-sold by You. All information in the Your Health archive, displayed by the widget is copyright.

This Agreement contains the complete and entire Terms and Conditions that apply to Your use of Our Services (as defined below). We may modify the terms of this Agreement, including the Fees (as defined below) at any time.

From time to time, We may revise this Agreement. Any changes will be effective only upon Your express acceptance. You will be notified of updates and prompted to review and accept the revised Agreement before continuing to use our Services. The updated version will supersede all prior versions once accepted by You. If You do not accept the revised Agreement, You may not continue to use the Services.

To the extent any amendment to this Agreement is deemed ineffective or invalid by a court, the parties agree that the most recent, previously effective version shall remain valid and enforceable to the fullest extent permitted by law.

The Initial Term begins when You confirm Your order and We receive payment. The length of the Initial Term will be specified at the time of purchase. During this Initial Term (and any automatic renewals), You may not terminate this Agreement unless We breach it.

After the Initial Term, this Agreement will automatically renew for successive billing periods (e.g. monthly) until cancelled by You. You may cancel at any time after the Initial Term by following the cancellation process in Your account settings. Cancellations take effect at the end of the current billing cycle.

Non-payment alone does not constitute cancellation of Services. You must actively cancel the subscription through the portal or via email, as outlined above.

Newsletters: For quarterly newsletter subscriptions, billing is spread across three monthly payments. By subscribing, You agree to a minimum commitment of three months. If You terminate the subscription early — before the end of the three-month term — You remain liable for any unpaid amounts due for that term. This ensures coverage of production costs for the final edition prepared during the term.

We may terminate this Agreement at any time, with or without cause, by giving You at least thirty (30) days’ written notice. If We terminate for cause — including but not limited to violations of law, our Acceptable Use Policy, or intellectual property infringement — termination may be immediate.

No refunds will be issued for any prepaid amounts if this Agreement is terminated. You remain responsible for all fees incurred up to the date of termination. If You terminate before the end of a billing cycle, We may charge an early termination fee equal to the remaining fees for that cycle.

Termination of this Agreement ends Your access to the Services and Your licence to use Our materials. We may retain copies of Your data for archival purposes but are not required to do so. You are solely responsible for migrating any data to a new provider if Services are cancelled or terminated.

Any provisions of this Agreement that, by their nature, should survive termination will remain in effect.

When You register for the Service/s, You will be allocated secure account/s on Our systems. You may use the Services or modify Your data and content only through Your account.

You are responsible for maintaining the confidentiality of Your access credentials and for all activities that occur under Your account. If You become aware of unauthorised use or a breach of security, You must notify Us immediately. We will not hold You responsible for unauthorised activity that occurs after You notify Us, provided You were not negligent in protecting Your account.

You must provide Us with a primary email address that is checked regularly and frequently. All notices and communications between Us will be sent to the email address You provide, and You are therefore required to keep this address current or notify Us if Your address changes. You should notify Us if any of Your contact and/or billing information changes so that We may update Your account. It is also Your responsibility to make sure that Our domain(s) are not included in any spam block list used by You or Your mail provider.

Providing false or inaccurate contact information of any kind may result in the Termination for Cause of Your account.

We reserve the right to suspend access to your account if we suspect unauthorised activity or account compromise.

All Services provided by Us may only be used for lawful purposes.

All written and visual content supplied by You for use on your website or newsletter remains Your property and copyright. We claim no ownership over materials You provide.

In providing the Services, We may, at Our sole discretion (though not obligated to), make available certain materials. These may include software (in object or source code form), data, documentation, information, domain names, email addresses, network addresses, know-how, methodologies, equipment, and other tools or processes used by Us or Our suppliers in delivering the Services ("Materials").

Subject to the terms of this Agreement, We grant You a limited, revocable, non-transferable, non-exclusive licence to use these Materials solely in connection with Your use of the Services. This licence automatically terminates upon the termination of this Agreement.

You acknowledge that We (or Our licensors) own all rights, title, and interest in the Materials, including all associated intellectual property rights such as copyright, trade secrets, patents, and trademarks. You may not use any articles, images, graphics, code, content, or other materials provided under this Agreement after termination. Reproducing, distributing, or otherwise exploiting any materials without Our express written permission is strictly prohibited.

This Agreement does not grant You any rights to use Our trade names, service marks, or other brand assets. Any such use requires Our prior written consent.

Payment for Services is due in advance of the time period covered. Services are billed on an automatic and recurring basis unless and until You follow Our cancellation procedure set forth in this Agreement. Unless otherwise agreed in writing (e.g. for early newsletter termination or ad-hoc services), all payments will be processed via automated subscription.

Unless separately negotiated and confirmed in writing, the initial and recurring Fees for the Services You select shall be those provided in Your initial online order. All set-up and special programming fees are non-refundable. Failure to pay Fees when due may result in suspension or termination of Services.

You must select a payment method at the time of registration. All payments are securely processed by Stripe, our trusted third-party payment provider. Your payment details are handled in accordance with Stripe’s Privacy Policy.

Unpaid overdue balances will accrue interest at 1.5% per month (or the highest rate allowed by law), until paid in full.

You are responsible for all applicable taxes and any fees charged by Your financial institution. If payment received is less than the full amount due due to deductions like bank fees or transfer costs, We will invoice You for the outstanding balance.

You also agree to pay any legal or collection fees We incur while recovering overdue amounts. If You cancel a Service before the end of a prepaid term, no refunds will be issued for any remaining fees, including prepaid, setup, or special programming fees.

We may revise our pricing from time to time. You will be notified in advance and given the opportunity to accept the revised terms before any changes take effect.

You agree that Your use of Our Services is at Your own risk, and that We are not liable for any data loss arising from Your use of the Services. While We may create backups during routine maintenance, We make no guarantees that such backups will be available, complete, or free from damage. If We are able to restore data at Your request, We do so as a courtesy and without any warranty. Accordingly, We strongly recommend that You maintain Your own regular backups of all important data stored using Our Services.

Security

We implement industry-standard security measures and best efforts to protect Our systems and Your data. This includes but is not limited to encrypted connections (HTTPS), secure hosting environments, and access controls. However, no system is perfectly secure, and We cannot guarantee that unauthorised access, data breaches, or other security incidents will never occur.

Any breach of the security of the Site, Services, or Servers is strictly prohibited and may result in criminal or civil liability. Unauthorised access to the systems used to deliver the Site, Services, or Materials (the "Servers") is a violation of this Agreement.

You agree not to engage in or attempt any of the following activities:

1. Gaining unauthorised access to data, systems, or networks, including the Site and Services;
2. Monitoring or intercepting data or traffic on any network or system without the express permission of the owner;
3. Disrupting or interfering with the Services, Servers, or networks of any user, host, or system;
4. Introducing or attempting to introduce malicious software (e.g. viruses, worms, Trojan horses);
5. Circumventing authentication or security measures of any account, host, or network;
6. Using another provider’s account or resources to promote Your site on Our platform in an abusive or deceptive manner;
7. Using Our Services to compromise or tamper with the security, integrity, or operation of any computer system—whether Ours or another’s.

We reserve the right to investigate and respond to any suspected violations, including reporting incidents to law enforcement where applicable.

You agree to defend, indemnify, and hold harmless Us and Our Affiliates from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ and expert fees) arising out of or related to:

1. any breach of this Agreement by You;
2. Your use of the Services;
3. any defamatory, libellous, unlawful, or infringing material within Your Content or data;
4. any claim that Your Content or data infringes on a third party’s intellectual property, privacy, or publicity rights;
5. any third party’s access to or use of Your Content or data;
6. any breach of Our Acceptable Use Policy.

If a claim is made under this section, We may choose legal counsel to defend it. We also reserve the right — at Our own expense — to participate in the defence, though We are not obligated to do so. You may not settle any claim without Our prior written consent, which will not be unreasonably withheld.

You expressly agree that Your use of the Services is at Your sole risk. The Services are provided on an “as is,” “as available,” and “with all faults” basis.

To the fullest extent permitted by law, We disclaim all warranties of any kind—whether express, implied, statutory, or otherwise—including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We make no warranties that the Services will be uninterrupted, timely, secure, error-free, or that any defects will be corrected. We do not guarantee that any content, data, or files You store or access through the Services will be accurate, reliable, or free from loss or corruption.

No advice or information, whether oral or written, obtained from Us or through the Services, shall create any warranty not expressly stated in this Agreement.

We provide the Services as a managed solution, which may include website development and management, content creation, copywriting, newsletter production, and other creative or technical work. While We take care to deliver high-quality materials and seek Your review and sign-off, You are ultimately responsible for reviewing and approving all final content prior to publication or distribution.

You are solely responsible for the operation and conduct of Your business, including any distribution of newsletters, patient communications, marketing claims, or regulatory compliance. We are not liable for any consequences arising from how You use the materials We provide, or for any actions You take—or fail to take—in operating Your business.

To the fullest extent permitted by law, We (and Our Affiliates) are not liable to You for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to lost profits, business interruption, reputational harm, or loss of data, even if We have been advised of the possibility of such damages.

Our total liability for any claim relating to the Services will not exceed the total amount You paid Us for the Services in the twelve (12) months preceding the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some limitations may not apply to You. In such cases, Our liability is limited to the maximum extent permitted by law.

This Agreement is governed by the laws of New South Wales, Australia, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts of New South Wales for any disputes arising under or in connection with this Agreement.

If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be removed, and the remaining provisions will remain in full force and effect.

Neither party shall be liable for any failure or delay in performance under this Agreement (other than payment obligations) due to circumstances beyond their reasonable control, including but not limited to natural disasters, government actions, acts of war, terrorism, labour disputes, pandemics, or failure of suppliers.

If a dispute arises out of or in connection with this Agreement, both parties agree to first attempt to resolve the issue through good-faith negotiation. If the dispute cannot be resolved within 30 days, the parties agree to consider mediation through a mutually agreed third-party mediator before pursuing court action.

This clause does not prevent either party from seeking urgent injunctive or equitable relief where necessary.