Terms & Conditions

Welcome to Avahn Health. By accessing or using our website, mobile application, or any services provided through the Avahn Health platform, you agree to be bound by the following Terms and Conditions (“Terms”).

Please read them carefully.

Introduction

1. This website (https://avahnhealth.com.au) (“Website”) and the associated multi-portal healthcare operating system are owned, operated, and controlled by Avahn Health Pty Ltd [ACN: 685 245 229] trading as Avahn Health (“avahn health”, "avahn", “we”, “us” or “our”).

2. These terms and conditions, together with our Privacy Policy, comprise the terms of a legal agreement between you and us for the access to telehealth services, health productivity tools, and the purchase, fulfilment, and delivery of prescription medicines to you on, or via, the Website (agreement). The term "you" or "your" refers to the person accessing, using, or relying upon our Website and the Services offered on, or via, the Website.

3. You acknowledge that you have read, understood, and agreed to be bound by the terms of this agreement. Creating an account on our Website, utilizing the Patient Portal, or placing an order for prescription medicines constitutes your acceptance of this agreement.

What is Avahn Health?

1. Our Website is a connected healthcare operating system built around a multi-portal architecture that facilitates and connects customers with a network of registered health practitioners who diagnose and prescribe medicines, and partner pharmacies who dispense and deliver the prescription medicine.

2. Our role is limited to:

Providing a Patient Portal to guide you through your care journey, including intake form, eligibility questionnaires, and treatment tracking.
Providing access to a network of registered health practitioners and pharmacists. Any practitioner we connect you with (as an independent contractor) will perform a medical assessment to determine whether or not to prescribe medicines to you.
Facilitating the preparation, dispensing, and delivery of medicines through partner pharmacies via a dedicated Pharmacy Portal if a practitioner prescribes them to you
Providing access to a team of healthcare professionals and nurses who provide specialised care during your treatment journey
Acting as your payment agent to pay registered health practitioners and partner pharmacists on your behalf (collectively, the “Services”)

3. Avahn Health are not registered health practitioners or pharmacists, nor do we directly employ the practitioners in our network. We do not diagnose or treat medical conditions, nor do we prescribe medicines or recommend specific treatments. All practitioners in our network are independent contractors. Our role is to provide the information, infrastructure and use of our Website.

Terms of Digital Care & Information

1. The purpose of this Website and its associated portal is to provide you with general information regarding prescription medicines and to facilitate connections with registered health practitioners and partner pharmacists. The information, Medical Intake Forms, and materials contained on this Website, the Patient Portal, or the labelling and packaging of prescription medicines do not constitute medical, health, pharmaceutical, or other professional advice.

2. All information supplied via this Website, the Patient Portal, or on product packaging is for your convenience only. This Website and its integrated portal are not a substitute or replacement for professional medical, health, or pharmaceutical advice. You must seek specific advice from our network of registered health practitioners or your own medical practitioner before commencing or ceasing any prescription medicines, including obtaining advice on whether such medicines are safe and suitable for your specific circumstances.

3. Any reliance on, and use of, the information and material contained on this Website, the Patient Portal, the product labelling, is at your own risk. You should only use and consume prescription medicines in strict accordance with the directions provided by a registered health practitioner or pharmacist.

We're telling you this because:

1. Avahn Health operates as a connected healthcare operating system and integrated technology platform. Our role is to provide the infrastructure that connects you with independent registered health practitioners and partner pharmacies who prescribe, prepare, and dispense medications.

2. Avahn Health is not a health practitioner, scientist, or pharmaceutical company. Our terms and conditions include clarifying terms and exclusions of liability to make it clear that we do not provide medical, health, or pharmaceutical advice. We are not responsible for the results of any prescription medicines you may take. It is the responsibility of the registered health practitioners and pharmacists to apply the necessary expertise when deciding to prescribe or dispense medication based on the information exchanged.

3. You acknowledge and accept that you must take responsibility for your own health and wellbeing by:

Providing accurate data: You must provide complete, up-to-date, and accurate information regarding your health and medical history during the Onboarding & Intake process in the Patient Portal.
Participating in reviews: You must participate in medical reviews and follow-up consultations with our network of registered health practitioners.
Communicating with your GP: You must promptly advise your usual treating health practitioner that you are taking prescription medicines ordered via the Avahn platform.
Seeking assistance: You must seek your own medical advice and assistance immediately if you believe you are suffering from any adverse effects.

4. Risk and Limitations: We do not warrant or guarantee that medicines prescribed and dispensed through our network are suitable or safe for your specific use, or that you will obtain any particular outcome or benefit. As with many treatments, side effects are possible and results differ based on individual circumstances. You accept these risks if you choose to take prescription medicines.

5. Our Services and Fees: Avahn Health facilitates clinical care through a structured workflow across our multi-portal architecture. Our facilitated consultation services are billed as follows:

Initial Consult: $59 (15-minute duration).
Transfer Consult: $59 (10-minute duration).
Review Consult: $59 (10-minute duration).
These fees are distinct from medication costs, which are handled as pass-through payments to our partner pharmacies via the Pharmacy Portal.

What are Prescription Medication?

1. The Avahn Health packaged medicines are medications prescribed by our network of independent registered health practitioners and prepared and delivered by our partner pharmacists. Under Australian law, we cannot legally advertise the active ingredients in these prescription medicines; however, our partner pharmacist will list all ingredients on the product packaging. Please consult with an Avahn Health team member for more information.

2. If you have any known allergies to any medications or have previously experienced an adverse reaction to taking medications, you should not take the prescription medicines without approval from a health practitioner.

Prescribing and Fulfilment Workflow

1. To ensure safety and compliance, your medication journey moves through our specialised portal ecosystem:

Clinical Assessment: A practitioner reviews your medical history and intake answers via the Doctor / Clinician Portal to determine if a prescription is clinically appropriate.
Secure Prescribing: The practitioner uses structured consult templates and safety checks to generate a digital prescription.
Pharmacy Fulfilment: The prescription is sent to the Pharmacy / Dispensary Portal, where partner pharmacists validate details, confirm stock, and record the fulfilment date.
Transparency: While we do not advertise ingredients publicly, the Pharmacy Portal ensures an audit trail for every dispensing event, and your specific treatment plan is accessible to you in the Patient Portal.

Account Registration and Management

1) To access Avahn Health’s services, you must register and establish an Account via the Patient Portal.

2) As the account holder, you are strictly responsible for:

Security and Control: Maintaining exclusive control over and the confidentiality of your Account and Password.
Information Integrity: Ensuring all registration information remains current, complete, accurate, and truthful.
Unauthorised Access: Notifying Avahn Health in writing immediately if you suspect or become aware of any unauthorised access to your Account or Password.
Activity Accountability: All activities or transactions that occur under your Account are your responsibility. Avahn Health is not liable for loss or damage arising from stolen, hacked, or misused accounts.
Age Requirement: You must be at least 18 years of age and legally capable of entering into contractual relations to set up an Account.
Minor Policy: If you are under 18, you must immediately cease using the Account or ordering prescription medicines unless your parent or guardian has explicitly agreed to abide by this agreement.
Legal Action: Avahn Health reserves the right to take legal action and seek compensation from parents or guardians for orders placed by a minor.

3) When you create an Account, you will provide registration details, Personal Information, and Sensitive Information (including medical history and demographics).

Workflow Integration: To facilitate safe clinical care, this information is shared across our portal architecture.
Consent to Disclose: By creating an account, you consent to the disclosure of your Personal Information and Sensitive Information (as those terms are defined in the Privacy Act 1988 (Cth)) (collectively, “Personal Information”), such as your full name, address, email address, date of birth, phone number, health and medical history.), to our network of registered health practitioners and partner pharmacists.
Privacy Policy: All information provided is subject to the Avahn Health Privacy Policy.

4) Avahn Health reserves the absolute discretion to:

Refuse Service: Refuse to supply Services or terminate your Account without prior notice if this agreement is violated or if it is deemed in the company's best interest.

Our Process

1. By accessing and using our Services, you:

Appoint Avahn Health as your agent: You authorise us to (i) appoint a registered health practitioner from our network to medically assess your suitability for medication and prescribe it where safe; and (ii) engage a partner pharmacist to prepare, dispense, and deliver said medication.
Authorise Payment: You authorise us to pay on your behalf the registered health practitioners and partner pharmacists involved in your care.

Important Notice on Relationships: Accessing our Services does not create a direct health practitioner/patient or pharmacist/patient relationship between you and Avahn Health. These relationships exist solely between you and the independent contractors (clinicians and pharmacists) in our network.

2. Account Creation & Intake: When you create an Account, you are required to complete a Medical Intake Form within the Patient Portal. This form captures condition-specific data, demographics, and consent.

3. Scheduling & Fees: A medical appointment will be scheduled with a clinician from our network. You will be charged the following fees for these services:

Initial Consult: $59 (15-minute duration).
Transfer Consult: $59 (10-minute duration).
Review Consult: $59 (10-minute duration).
These fees are distinct from medication costs, which are handled as pass-through payments to our partner pharmacies via the Pharmacy Portal.

4. Medical Assessment: Within the Clinician Portal, the practitioner will review your intake answers and medical history. You must provide truthful and up-to-date information. The practitioner may follow up via email or telephone if additional information is required. Failure to provide requested information will prevent the supply of prescription medicines.

5. Clinical Decision: The independent registered health practitioner exercises sole professional judgment. Avahn Health does not interfere with the decision to prescribe or not prescribe medicines. Practitioners only consider the suitability of the prescription medicines offered and will not evaluate alternative treatments.

6. Regulatory Approval & Prescribing The independent registered health practitioner exercises sole professional judgment. Avahn Health does not interfere with the decision to prescribe or not prescribe medicines. Practitioners only consider the suitability of the prescription medicines offered and will not evaluate alternative treatments.

7. Fulfilment & Counselling: After you pay the required fees via the Patient Portal, the partner pharmacist will:

Dispense the medicine based on the practitioner's prescription.
Contact you via telephone to verify your identity and provide mandatory counselling on active ingredients, side effects, and reactions.
Arrange for delivery of the medication.

8. 30-Day Review: It is a requirement that all patients are reviewed within the first 30 days of treatment.

9. Periodic Assessment: You must participate in medical assessments as often as requested by the practitioner to determine if continued treatment is safe. You must provide updated medical information prior to each appointment if your condition changes.

10. Failure to Attend: If you do not actively participate in medical appointments, practitioners cannot treat you. Avahn Health, our officers, and the clinical network will not be liable for any loss or damage (including personal injury) resulting from your failure to attend assessments. We reserve the right to terminate your Account in such instances.

By creating an Account on our Website, you acknowledge and agree to these arrangements.

More Terms and Conditions

1. Amendments to Terms: We may change any content on our Website, including these terms and conditions, at any time. You must regularly check this Website and these terms and conditions to identify such changes. You agree that the terms and conditions as changed will apply to any access, transaction, action, activity, or interaction occurring after the change.

2. No Guarantee of Outcomes: We do not guarantee that prescription medicines will result in your desired outcome or improved health and wellbeing. Results differ between individuals. You acknowledge that prescription medicines will not result in a permanent cure and may not be an effective treatment for your condition. Results are dependent on continuing to take medicines as directed by a registered health practitioner. To continue accessing medicines supplied by our network, you must continue using our Services, paying the ongoing Fees, and following practitioner directions.

3. Adverse Effects and Symptoms: If you receive prescription medicines and experience or suspect any adverse effects or symptoms, you agree to immediately:

Cease taking the prescription medicines;
Seek medical advice from your own health practitioner; and
Advise us via your Patient Portal account, telephone, or email.

4. Eligibility and Restrictions: You should not create an Account or access our Services if you:

Are under the age of 18;
Are not the patient;
Are pregnant;
Are not a resident of Australia;
Suffer from schizophrenia, psychotic illness, or severe personality disorder; or
Suffer from severe or unstable cardio-pulmonary disease.

By creating an account and using our Services, you warrant that none of these circumstances apply to you.

5. Accuracy of Information: You warrant that all information provided to us, including your Personal Information, is complete, up-to-date, and accurate. This information is relied upon by registered health practitioners in the Clinician Portal and pharmacists in the Pharmacy Portal to assess whether prescription medicines are safe and suitable for you. Providing false or inaccurate information is a breach of this agreement and is dangerous.

6. Personal Use Only: You must not create an Account in someone else’s name. Prescription medicines are for your personal use only and must not be taken by any other person or re-sold.

Payment

1. All fees payable to Avahn Health are in Australian Dollars (AUD) and are exclusive of GST.

2. Consultation and Prescription Fees: Avahn Health may charge you a fee for consultation services (“Consultation Fee”) provided by our network of registered Health Practitioners. Additionally, a fee for prescription medication (“Prescription Fee”) is payable prior to receiving your medication. These Prescription Fees vary depending on active ingredients and dosage levels. Within the Patient Portal, there is a clear separation between service fees and medication costs to ensure financial transparency.

3. If you fail to pay Prescription Fees or other amounts by the due date, Avahn Health may, at its absolute discretion:

Suspend your access to Services until all outstanding amounts (including interest) are paid in full.
Terminate the agreement.

You will be responsible for all costs and expenses incurred by Avahn Health in recovering outstanding amounts, including legal costs or expenses related to collection agents. 1. All fees payable to Avahn Health are in Australian Dollars (AUD) and are exclusive of GST.

Cancellation Policy

1. Avahn Health operates as a regulated healthcare business, utilizing a multi-portal architecture to manage clinical and operational workflows. To ensure the efficiency of our Doctor / Clinician Portal and maintain clinician schedules, the following cancellation terms apply:

Consultation Fees: Avahn Health charges a Consultation Fee at the time of booking for all facilitated appointments.
Refund Eligibility: The Consultation Fee is non-refundable if an appointment is missed or cancelled without providing at least 12 hours' notice.
Notice Requirements: Notice of cancellation must be provided either via email to our support team or by utilising the consultation cancellation link found in your booking confirmation email.
Extenuating Circumstances: We recognize that emergencies and unforeseen circumstances occur. In the event of an emergency, Avahn Health will review the case individually through our Admin / Operations Portal to determine if a refund or credit is appropriate.

Returns and Refund Policy

1. Refund Eligibility: Avahn Health facilitates refunds through our third-party payment platform in the following specific instances:

Initial Change of Mind: If a request is made after the initial purchase but before the partner pharmacy provides a clinical counsel.
Post-Counsel Cancellation: If a request is made after pharmacy counsel has occurred but before the product has been dispensed.
Prescription Cancellation: If the independent registered health practitioner cancels the prescription before the product is dispensed by the pharmacy.

2. Non-Refundable Items and Returns**

Final Sale: Avahn Health does not offer returns; once a product is dispensed and shipped, all purchases are final.
Consultation Fees: As per our cancellation policy, fees for facilitated consultations (Initial $59, Transfer $59, or Review $59) are non-refundable if the appointment is missed or cancelled with less than 12 hours' notice.

3. Damaged Medication:

Reporting Window: If your prescription medication arrives damaged, you must contact Avahn Health within 3 days of receipt.
Investigation: This timeframe allows our internal team, to investigate the issue with the partner pharmacy or the third-party delivery service.

4. Processing Times:

Refund Timeline: Once a refund is approved, it typically takes 5–10 business days for the funds to be returned to your account, depending on third-party payment processor policies.

Delivery Terms

1. Delivery Logistics and Requirements: Our partner pharmacists manage the physical fulfillment of your treatment through trusted third-party providers, such as Australia Post.

Method: All prescription medication is dispatched via registered express post.
Verification: A signature on delivery is strictly required to ensure the medication reaches the intended patient.
Risk: The risk of loss, theft, or damage to the medication passes to you immediately upon delivery to your nominated address.
Restrictions: We do not deliver to post boxes, poste restante addresses, or any location outside of Australia.

2. Delivery Timelines and Delays

Estimates: Delivery dates provided via the Patient Portal are estimates only and are not legally binding.
Delays: Avahn Health and its partners are not liable for losses or expenses arising from delivery delays, though we will use reasonable endeavors to notify you of such delays.
Non-Delivery Replacement: If, through no fault of your own, medication is not delivered within 14 days of compounding, a replacement will be sent.

3. Failed Delivery and Address Changes**

Updating Details: If you need to change your address before shipment, you must call on the phone number or email us on the email address provided on the Contact Us page on the website
Redelivery Fees: If you are unavailable to accept the delivery, you will be charged a handling fee for each additional delivery attempt.
Cancellation due to Non-Delivery: If delivery fails after 14 days or 3 attempts due to your error, we reserve the right to cancel the order. In these cases, we will refund the order price minus a $100 cancellation fee and all incurred delivery/handling fees.

Term, Suspension, and Termination

1. This agreement commences on the date you create an Account and continues until terminated in accordance with the provisions below (Term).

2. Termination by Either Party: Either party may terminate this agreement at any time. If you wish to terminate this agreement, you must email the Avahn Health support team.

3. Suspension or Termination by Avahn Health: We may, in our absolute discretion and without notice, terminate, suspend, or block your access to your Account, Password, the Website, this agreement, or your access to any prescription medicines offered on or via the Website for any reason (or no reason), including as a result of, or in connection with:

Breach of Agreement: Any violation of these terms and conditions by you.
Legal Requests: Requests by law enforcement or other government agencies.
Discontinuance: Discontinuance of the Website or any portals linked to the Website, such as the Patient Portal.
Technical Issues: Planned or unplanned service outages, technical or security failures, maintenance works, or excessive server load on technical equipment.

Avahn Health will not be liable to you or any third party for any such suspension or termination.

4. Obligations Upon Termination: On termination of this agreement for any reason:

Outstanding Fees: You must immediately pay all outstanding Fees and any other amounts owing under this agreement. This includes, but is not limited to, prescribed medicines that have been delivered but not yet paid for.
Cessation of Use: You must immediately cease using your Account and all Avahn Health Services.

Liabilities

1. To the maximum extent permitted by law, Avahn Health, our directors, employees, contractors, and agents exclude:

All representations, conditions, warranties, guarantees, rights, remedies, liabilities, or other terms that may be implied or imposed by statute, common law, or equity.
All liability to you or anyone else for any direct, indirect, consequential, incidental, special, or exemplary damages, expenses, losses, or liabilities.
Liability for loss of profits, business interruption, loss of revenue, economic loss, loss of goodwill, loss of or damage to reputation, downtime costs, loss of use, failure to realize anticipated savings, loss under or in relation to any other contract, loss of opportunity, or expectation loss or loss of production.
Liability regarding the preparation, provision, delivery, and use of prescription medicines, or any information or material displayed on or via the Website.
Liability for the provision of and reliance on medical, health, or pharmaceutical advice supplied or made available to you by a registered health practitioner or our partner pharmacist, or under this agreement, regardless of the cause of action.

Nothing contained in this agreement excludes, restricts, or modifies the application of any condition, warranty, or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state, or territory legislation where to do so is unlawful.

Under no circumstances will our aggregate liability, whether based upon warranty, contract, statute, tort (including negligence), or otherwise, exceed the price paid by you for the Services under this agreement in the preceding one month of the claim.

2. Patient Responsibilities and Acknowledgments:

Adherence to Instructions: You must follow all directions and instructions given to you by any health practitioner or pharmacist in respect of prescription medicine, including any instructions for use provided with any course of medicine.
Reading Material: You agree to carefully read instructions provided with prescription medicine on each occasion they are provided, as these may change over time or with dosage adjustments.
Side Effects: You acknowledge that you have read the information on our Website and provided by any health practitioner or pharmacist regarding the possible adverse effects (side effects) of taking prescription medicine.
No Guarantees: We do not guarantee that prescription medicine is an appropriate treatment for you, that you will receive any benefit or desired outcome, or that you will not suffer adverse effects.
Service Limitations: We are not liable to you or anyone else for any event resulting from you taking prescription medicine or from us terminating or suspending your Account or refusing to provide Services to you.

If you do not accept these terms and that we will not be liable for such matters, do not proceed to create an Account on our website, do not request prescription medicine, and do not take prescription medicine.

Intellectual Property (IP)

1. Avahn Health is the owner or the licensee of all material and content published on, or via, the Website and its integrated portal ecosystem, including all intellectual property contained therein (“Content”). This Website and its Content are protected by copyright, trade mark, and other intellectual property laws. All such rights are reserved.

2. Permitted and Prohibited Use:

Personal Use: You may download and print Content from this website for your own personal purposes only.
Modification Restrictions: You are not allowed to modify, adapt, copy, distribute, license, transfer, or sell any of our Content found on or obtained from our Website without our written consent.
Access Prohibitions: Unless expressly permitted by us, you agree that in accessing and using our Website, you will not:
- Download (other than page caching) or modify our Website or any portion of our Website.
- Impersonate or falsely claim to represent a person or organisation.
- Frame our Website without our express written permission.
- Post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful material or information.
- Use our Website in a manner which is unlawful or would infringe the rights of another person, including any intellectual property rights.

General Provisions

1. The following general terms govern the legal agreement between you and Avahn Health, ensuring regulatory clarity and operational integrity across our multi-portal healthcare operating system.

Waivers: A waiver of any right under this agreement is only effective if provided in writing. Such a waiver applies exclusively to the party it is addressed to and the specific circumstances for which it is granted.
Severability: If a court or administrative body finds any provision (or part of a provision) of this agreement to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force.
Modifications for Validity: Any provision found to be invalid, unenforceable, or illegal that would become valid if part of it were deleted will apply with the minimum modification necessary to fulfill the parties' commercial intentions.
Entire Agreement: This agreement, including all documents referenced herein, constitutes the entire agreement between the parties. it supersedes all previous arrangements, understandings, or agreements regarding the subject matter.
Assignment Restrictions: You are prohibited from assigning, transferring, charging, sub-contracting, or dealing in any other manner with your rights or obligations under this agreement without the prior written consent of Avahn Health.
Relationship Status: Nothing in this agreement shall be construed as creating a partnership, joint venture, employment relationship, or any other association where one party may be held liable for the acts or omissions of the other.
Inconsistency: In the event of any inconsistency between this agreement and the terms of any other document referred to herein, the terms of this agreement shall prevail.
Governing Law: This agreement is governed by and construed in accordance with the laws in force in the State of Victoria, Australia.

Contact Us

If you have questions about these Terms or your account, please contact support at mail@avahnhealth.com.au