Our Policies

Delivery & Shipping Policy

In this Delivery & Shipping Policy, we, us or our means Specialty Health Services Pty Ltd ACN 65317 5396.  By making a purchase from us, you agree to this Delivery & Shipping Policy and also to our Terms & Conditions, and our Privacy Policy  which are incorporated herein by reference.

MOHJO currently makes deliveries within Australia only.

How Much Does Delivery and Shipping Cost?

We currently offer free shipping on all orders including the following orders:

• All first orders
• Orders over $100 
• Subscribe & save orders

For all other orders shipping rates are calculated by the shipping provider based on package weight and zip code/destination. The shipping costs will be advised during the checkout process along with GST for orders being delivered within Australia.

Processing and Tracking Your Order

Once your order has been dispatched, we will send you an order confirmation email from admin@mohjo.com.au that will include your tracking information. If you can’t find your order confirmation email, try searching your inbox for all emails from admin@mohjo.com.au .  Please keep in mind: Once an order has been sent by us for delivery, tracking information can take up to 48 hours to update. If it’s been over 48 hours without an update, and you’re unable to locate your confirmation email, or if you are encountering any other issues, send us an email straight away – we’re here for you!  As we rely on a third party to provide tracking data, we cannot guarantee tracking and will not be responsible for any tracking errors.

When Can I Expect To Receive My Order?

Our processing and dispatch process starts from the moment we get credit card authorisation and verification. 

We aim to process and dispatch your order within 1-2 business days, Monday through Friday, working closely with our shipping partners to minimise the potential impact of delays. For orders placed before 10.30am we can likely dispatch your order on the same day. 

Standard shipping for Australia can take 3-8 business days, depending on location. Although, most are delivered within 3-5 business days.

Express orders for Australia take 1-3 business days.

Once your order has been dispatched, we will send you a shipping confirmation email including your tracking information. If your chosen shipping method includes tracking, you’ll receive an automatic email with your tracking link as soon as it becomes available from the shipping carrier. 

Please keep in mind that although we ship all orders out within 1-2 business days, shipping carriers often don’t provide tracking links for 24-48 hours from dispatch. We also recommend you re-confirm your correct shipping address at checkout to avoid delivery errors and inconveniences. 

Consumer Law & Refunds 

Please refer to our Terms & conditions. 

Official Terms and Conditions of Mohjo

Terms and Conditions of Use Services and Website  

Updated March 7, 2022

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICES AND WEBSITE

 

1. About Mohjo and the Website

1.1.           Welcome to www.mohjo.com.au (the ‘Website‘). The Website provides you with an opportunity connect for various health consultations with leading Australian licensed Doctors, Pharmacists, and Allied health experts.

1.2.           This website is owned by www.mohjo.com.au . This website use agreement applies to our website and services. Access to and use of our website, or any of its associated products or services, signifies that you have read,  understood and agree to be bound by the terms . If you do not agree to these terms, do not use this website. We recommend that you print and keep a copy of these terms and conditions for future reference.

1.3.       Any information on our website or communications with a Mohjo representative (other than Doctors and Practitioners) do not constitute as medical advice. You should always obtain medical advice from a Doctor. You should consult with your regular Doctor to ensure any medication or treatment you are taking is appropriate and safe for you.

1.4       Mohjo reserves the rights to review and change any of the terms by updating this page at its sole discretion.

1.5       These terms of use also refer to our additional terms, which also apply to your use of our site and services:

• our Privacy Policy, which explains how we use your information.
• our Cookie Policy, in relation to the cookies on our site.

 

2. Acceptance of the Terms

You accept the terms by remaining on the website and/or using our services. You may also accept the terms by clicking to accept or agree to the terms where this option is made available to you by Mohjo in the user interface.

 

3. Services

3.1        When submitting your personal details you must provide accurate information. As part of the registration process, or as part of your continued use of our Website and Services, you may be required to provide personal information about yourself (such as identification and contact details), including (but not limited to).

1. a) Name
2. b) Email address
3. c) Contact telephone

In order to create a profile, you must be i) at least 18 years of age, ii) be a resident of Australia, iii) be fully able and competent to enter into, agree to, and comply with Mohjo, in this Agreement, and iv) agree to these Terms and Conditions.

3.2         You warrant that any information you give to Mohjo in the course of completing the registration process will always be accurate, correct and up to date.

3.3         It is your responsibility to Inform your doctor of any medicines the Doctor prescribes for you.

3.4.           Once you have completed the registration process, you will be a registered member of the Website (‘Member‘) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.

3.5.           You may not use the Purchase Services and may not accept the Terms if:

(a)     you are not of legal age to form a binding contract with Mohjo; or

(b)    not an Australian resident, or

(c)     you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

3.6       By providing your e-mail address, you consent to us using the e-mail address to send you notices related to the Website(s), including any notices required by law.

4. Your obligations as a Member

4.1.           As a Member, you agree to comply with the following:

4.2.           You will use the Purchase and  Services only for purposes that are permitted by:

(a)     the Terms;

(b)     any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(c)      you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;

(d)     any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Mohjo of any unauthorized use of your password or email address or any breach of security of which you have become aware;

(e)     access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Mohjo providing the Purchase Services;

(f)       you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(g)     you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Mohjo for any illegal or unauthorized use of the Website; and

(h)     you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

4. Warranty

4.1         We do not guarantee that our site will be secure from bugs or viruses. By remaining on Our website and accessing our content, you assume all risks associated with its use, Including but not limited to the risk that your computer, data, or software may be damaged by any worm or virus potentially transmitted by Our website, or third party website or associated content.   With accessing Our Website, you agree to indemnify Mohjo and each of it’s affiliates of any loss, damage, costs, expenses or any other liability associated with its use. You are responsible for configuring your devices, computer information technology, and your platform to access our site. You should use virus protection software.

4.2.        Mohjo does not warrant that the products and services provided within our website, and services are fit for your intended purpose. Mohjo products and services are provided on the Information you provide to Us. Without warranty of any kind, or implied.

4.3.           The Warranty does not apply to any appearance of the supplied Products nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

4.4.        Mohjo has the right to terminate your agreement without notice, and restrict access to Our website, portals, or content, and we will not be responsible for any loss, cost or damage which may arise as a result.

5. Code of Conduct

9.1.           In providing the Services, Mohjo asks that Doctors, representatives, and affiliates are treated respectfully.

6. Information Disclaimer

DO NOT RELY ON THE INFORMATION ON THIS WEBSITE

10.1.        The information contained on this Website and within all associated Products is not comprehensive and for general information purposes only, it is not intended to amount to advice on which you should rely on. You must obtain professional and specialist advice before taking or refraining from, any action on the basis of the content on our site. We make all reasonable attempts to ensure the accuracy and completeness of the informations provided, by the extent permitted by Australian law, we make no warranties or guarantees, whether it be express or implied, that the information provided, is complete and accurate, and you shall monitor  for any changes contained on the website.

The information provided on the website is not meant to substitute your regular professional for any treatment or advice. You agree to consult a medical practitioner prior to following any advice or utilizing information or Products offered by Mohjo.

This website may have information posted by other users of the site, including to chat rooms. This information and the materials have not been verified by us. The views expressed by other users on our site do not represent our views and values.

If you have any concerns about content uploaded by other users to our site, please contact admin@mohjo.com.au

For general users or business user:

We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

Different limitations and exclusions  of liability arising as a result of the supply of any product to you which is set out in the Terms and Conditons of supply .

For the business user:

We exclude all implied conditions, warranties, representations, or any other terms applying to our site or content within.

We will not be liable to you for loss or damage, whether in contract, tort (including negligence), breach of statutory duty, otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use our site
• use of or reliance on any content displayed on our site

In particular we will not be liable for:

• loss of profit, sales, business or revenue
• business interruption
• loss of anticipated savings
• loss of business opportunity
• any indirect or consequential loss or damage.

For consumers, please note our site is only provided for private and domestic use. You agree not to use our site for commercial and business purposes. We have no liability to you for loss of profits, loss of business, opportunities or interruptions.

We will only use your information as set out in the Privacy Policy.

Wherever you make use of a feature that allows you to upload content to our site, or if it allows you to make contact with other users of our site, you warrant that if such contribution does not comply with acceptable standards, you will be liable to us and indemnify us of any breach to that warranty. Which means you will responsible for any loss or damage, we suffer as a result of your breach of warranty.

You acknowledge that Mohjo does not provide sole overall health advice and you agree that you will not use This Website as a substitute for or supplement to advice from your regular health practitioner.

6.2.        If you have or suspect you may have allergies or medical issues which may be affected by certain foods, or, after using any of our products, find you may have or be experiencing side effects, you should promptly contact your health care provider. Any statements regarding food and nutrition are to be used at your discretion and are not intended to diagnose, treat, cure or prevent any disease.

Use of Information

You may not display This Website in frames or utilize any other techniques to display This Website (or any content on This Website) without the prior express written consent of Mohjo. You may not use any meta tags or any other “hidden text” utilizing Mohjo’s name or trademarks without the prior express written consent of Mohjo. You may not use Mohjo’s domain name as a pseudonymous return email address for any communications that you transmit from another location or through another service. You may not pretend to be someone else (or spoof their identity) when using This Website. You may not link to This Website, without Mohjo’s prior consent, which consent may be withdrawn by Mohjo at any time, with or without notice, in Mohjo’s sole discretion.

You agree not to use or permit others to use This Website in ways that (i) violate any applicable law or regulation or any of our policies, (ii) infringe the rights of others, or (iii) interfere with the users, services, or equipment of our network or other networks. You agree to cooperate with Mohjo and provide requested information in connection with all security and use matters relating to This Website and to notify us promptly if you suspect unauthorized use of This Website or your account. Mohjo reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Such cooperation may include the provision of account or user information or email and monitoring our network and/or the networks of our third party licensors, suppliers and providers.

Documents published by Mohjo on This Website may contain other proprietary notices or describe products, services, processes or technologies owned by Mohjo or third parties. Except as expressly set forth herein, nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of Mohjo or any third party. Except as expressly granted under this Agreement, all rights are reserved by Mohjo.

7. Confidentiality

7.1.        Confidential Information means information provided by a party under this Agreement to the other party, that is not generally available to the public.

7.2.        All obligations of confidence set out in this Agreement continue in full force and effect after the Services have been provided.

7.3.        Mohjo must not disclose any Confidential Information provided by You in the provision of Services, to any third party without your consent.

7.4.        This Agreement prohibits the disclosure of Confidential Information by Mohjo with exception to the following circumstances:

1. the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with this Agreement and You have consented to the disclosure of such information to the professional adviser;
2. the disclosure is required by applicable law or regulation; or

iii.      if the confidential information is already in the public domain at no fault of Mohjo.

8. Copyright and Intellectual Property

8.1.        The Website, the Purchase Services and all of the related products of Mohjo are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content‘) are owned or controlled for these purposes, and are reserved by Mohjo or its contributors.

8.2.        Mohjo retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

(a)     the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Mohjo; or

(b)     the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

(c)      a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

8.3.        You may not, without the prior written permission of Mohjo 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 Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

Copyright Notice

Copyright 2021 Mohjo. All rights reserved.
Copyright 2021 Specialty Health Services, PTY LTD. All rights reserved.

9. Privacy

Mohjo takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to Mphjo’ Privacy Policy accessible at [LINK].

10. General Disclaimer

10.1.        You acknowledge that Mohjo does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

10.2.        Mohjo will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and design may differ from what is displayed on the Website.

10.3.        You acknowledge and agree that Mohjo cannot guarantee the results or effectiveness of any of the services rendered or to be rendered by You. Rather, Mohjo shall conduct its operations and provide its services in a professional manner and in accordance with good industry practice. Mohjo will use its best efforts and does not promise results.

10.4.        Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

10.5.        Subject to this clause, and to the extent permitted by law:

(a)     all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

(b)     Mohjo will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

10.6.        Use of the Website, the Purchase Services, and any of the products of Mohjo is at your own risk. Everything on the Website, the Purchase Services, and the Products of Mohjo, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, doctors, employees, representatives, allied health practitioners, agents, contributors, third party content providers or licensors of Mohjo make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Mohjo) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a)     failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b)     the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);

(c)      costs incurred as a result of you using the Website, the Purchase Services or any of the Products;

(d)     the Content or operation in respect to links which are provided for the User’s convenience;

(e)     any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

(f)       any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

11. Limitation of Liability

11.1.        Mohjo’ total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Mohjo is the resupply of information or Purchase Services to you.

11.2.        You expressly understand and agree that Mohjo, its affiliates, doctors, employees, allied health practitioners, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss (whether incurred directly or indirectly), reputation and any other intangible loss.

11.3.        Mohjo is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Mohjo, by third parties or by any of the Purchase Services offered by Mohjo.

11.4.       Mohjo takes no responsibility, makes no warranties, express or implied in relation to written or verbal content between You and the Doctor, Allied Health Clinicians, Practitioners or consultants.  Conduct of consultation and all communication and information, is the responsibility between You and the Doctor.

11.5.       The Doctors and Practitioners make their notes about the consultation just as they would do if in person with you, and it’s their responsibility to maintain your records just as it is required by law. Occasionally, Mohjo may hold some Doctors notes. Mohjo does not warrant or guarantee that an online consultation is the most appropriate form of consultation for you medical condition. The Doctors and Practitioners will make this assessment with you. By using our services, you agree to contact your regular GP immediately should any of your health conditions change, symptoms worsen, or have any questions. For urgent care please contact your nearest hospital or emergency services available.

Should there be any noticeable side-effect, you agree that you will contact Mohjo immediately for further consultation and assessment with your Doctor or GP.

12. Termination of Contract

You acknowledge and agree to the following in relation to the Treatment fees and Plans.

1. a) should you select a month to month

12.1.        The Terms will continue to apply until terminated by either you or by Mohjo as set out below.

12.2.        If you want to terminate the Terms, you may do so by:

(a)     notifying Mohjo at any time; and

(b)     closing your accounts for all of the Purchase Services which you use, where Mohjo has made this option available to you.

12.3.        Your notice should be sent, in writing, to Mohjo via the ‘Contact’ link on our homepage.

12.4.        Mohjo may at any time, terminate the Terms with you if:

(a)     you have breached any provision of the Terms or intend to breach any provision;

(b)     Mohjo is required to do so by law;

(c)      the partner with whom Mohjo offered the Purchase Services to you has terminated its relationship with Mohjo or ceased to offer the Purchase Services to you;

(d)     Mohjo is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or

(e)     the provision of the Purchase Services to you by Mohjo is, in the opinion of Mohjo, no longer commercially viable.

12.5.        Subject to local applicable laws, Mohjo reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Mohjo’ name or reputation or violates the rights of those of another party.

12.6.        When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Mohjo have benefited from, been subject to (or which have accrued over time whilst the 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.

13. Indemnity

13.1.        By accessing our website and services, You agree to indemnify Mohjo, its affiliates, doctors, allied health practitioners, pharmacists, employees, agents, contributors, third party content providers and licensors from and against:

(a)     all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website or customer portal;

(b)     any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

(c)      any breach of the Terms.

14. Dispute Resolution

14.1.        Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

14.2.        Notice:
A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the 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.

14.3.        Resolution:
On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:

(a)     Within 7 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;

(b)     If for any reason whatsoever, 7 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the The Australian Capital Territory Law Society or his or her nominee;

(c)      The Parties 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 pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(d)     The mediation will be held at a location to be agreed between the parties.

14.4.        Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

15. Venue and Jurisdiction

The Purchase Services offered by Mohjo is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Sydney, NSW Australia.

16. Governing Law

The Terms are governed by the laws of The Australian Capital Territory, 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 The Australian Capital Territory, 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.

17. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

18. Severance

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.

Wireless Access and SMS (Send to Phone Feature)

You acknowledge that, depending on your wireless data plan, your wireless company may impose fees in connection with your wireless access or use of the websites and you agree that you are solely responsible for such fees.

Similarly, by using the Send to Phone feature, you or the recipient of your message may incur SMS, data, and/or messaging fees (“Msg&Data Rates May Apply”), and you agree that you are solely responsible for such fees.

Trademarks and Service Marks

Mohjo™, and all other related product and service names, logos and slogans are trademarks and service marks of Specialty Health Services PTY LTD or one of its subsidiaries and may not be used in any manner without the prior written consent of Specialty Health Services PTY LTD or the affiliate that owns any such mark(s).
and all other related product and service names, slogans and logos are trademarks/service marks of All other trademarks and service marks are third-party trademarks or service marks and are the property of their respective owners and cannot be used without permission. Third-party trademark references herein do not constitute or imply affiliation, endorsement or recommendation of Specialty Health Services PTY LTD or its affiliates by the respective trademark owners.

Consent to Monitoring

Mohjo is under no obligation to monitor the information residing on or transmitted to This Website. However, anyone accessing This Website agrees that Mohjo may monitor the contents of This Website periodically to (1) comply with any applicable laws, regulations or other governmental requests; (2) operate This Website properly or to protect itself and its users. Mohjo reserves the right to modify, reject or eliminate any information or other material residing on or transmitted to This Website (or the server(s) that host This Website) that it, in its sole discretion, believes is unacceptable or in violation of the terms and conditions of this Agreement.

Information and Content Provided by You

“User Provided Content” means information, content and other material that any user of This Website submits or otherwise provides to Mohjo (including but not limited to feedback, user reviews, data, questions, answers, comments, suggestions, plans, ideas or the like). If any user of This Website submits or otherwise provides Mohjo with User Provided Content, such User Provided Content will be deemed to be non-confidential, and Mohjo assumes no obligation to protect such User Provided Content from disclosure (and assumes no obligation to publish such User Provided Content and no other obligation of any kind with respect to such User Provided Content).

You represent and warrant that you have the right and authority to grant Specialty Health Services PTY LTD the rights, licenses and authorizations afforded by this Agreement without the consent or authorization of any other person or entity, and that the exercise of any such rights, licenses, or authorizations by Specialty Health Services PTY LTD or its sublicensees will not infringe any copyright or other intellectual property right or right of publicity or privacy rights of any other person or entity. By submitting or otherwise providing User Provided Content (including, without limitation, user reviews), you represent and warrant that (a) you are the sole author and owner of the intellectual property rights thereto, (b) all “moral rights” that you may have in such User Provided Content have been voluntarily waived by you, (c) all such User Provided Content is accurate, (d) your posting of the User Provided Content is in compliance with the Digital Conduct Standards and the Editorial Policies (e) you are at least 18 years old, and (f) use of such User Provided Content will not cause injury to any person or entity.

You further agree and warrant that you will not post or store on, or transmit, submit or otherwise provide through, This Website any information, content or other material (including, without limitation, user reviews) that (a) violates, infringes or misappropriates any intellectual property right (including, without limitation, copyright, trademark, trade secret, patent, and right of publicity), any right of privacy or publicity, or any other right of any person or entity, (b) is harmful, threatening, abusive, harassing, false, misleading, defamatory, vulgar, obscene, sexually explicit, profane, hateful or racially, ethically or otherwise objectionable, or that violates any applicable law or regulation, or (c) contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree and understand that Mohjo may, in its sole discretion for any reason, and without any prior notice or liability, delete, edit, move or reject any files that you may maintain at This Website, and any material you may choose to post here. You should keep a copy of any material that you maintain or post at This Website because Mohjo will not undertake to retain copies of any material that Mohjo or others may delete from This Website.

Limitation of Liability

THE USER OF THIS WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE AND THE INTERNET GENERALLY. MOHJO AND ITS AFFILIATES ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY INFORMATION (OR OTHER MATERIAL), APPARATUS, OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED DOWNLOADED OR ACCESSED FROM THIS WEBSITE.

IN NO EVENT SHALL MOHJO OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR PERFORMANCE OF THIS WEBSITE OR ANY THIRD PARTY SITE (DEFINED BELOW), (B) ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (C) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS WEBSITE, OR (D) THE INTERNET GENERALLY, OR OTHERWISE RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT; WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHER FORM OF ACTION OR LEGAL THEORY, REGARDLESS OF WHETHER MOHJO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

No Warranties

Any material on This Website may include technical or other inaccuracies or typographical errors.

THIS WEBSITE IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES.

MOHJO AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

NO ADVICE OR INFORMATION GIVEN BY MOHJO, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (A) NEITHER MOHJO NOR ITS AFFILIATES REPRESENTS, WARRANTS OR GUARANTEES THAT THIS WEBSITE OR THE INTERNET GENERALLY WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (B) NEITHER MOHJO NOR ITS AFFILIATES MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THIS WEBSITE OR ANY THIRD PARTY SITE, (2) THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (3) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS WEBSITE, OR (4) THE INTERNET GENERALLY.

IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION (NO WARRANTIES) AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL GOVERN.

YOU ASSUME SOLE RESPONSIBILITY FOR YOUR USE OF THE LINKS SHARED WITH YOU, AND YOU ASSUME FULL RESPONSIBILITY OF YOUR CUSTOMER PORTAL, EMAIL & SMS COMMUNICATION SECURITY OF DATA.

Security / No Disruption

You agree that you will comply with any security processes and procedures (such as passwords) specified by Mohjo with respect to access to or use of This Website. Further, you agree not to access or attempt to access any areas of or through This Website which are not intended for general public access, unless you have been provided with explicit written authorization to do so by Mohjo. You agree that you will not disrupt the functioning of This Website or otherwise act in a way that interferes with other users’ use of This Website.

Access / Failure to Comply

Mohjo has the right to terminate, suspend or restrict your access to This Website and services, in whole or in part, unilaterally and without notice, in the event you violate any of the terms of this Agreement. In addition, if asked to do so, you agree that you will not attempt to access This Website.

Mohjo also reserves any and all remedies at law or equity in connection with violation of the terms of this Agreement.

You agree, at your own expense, to indemnify, defend and hold Mohjo (and its subsidiaries and affiliates (and their respective, officers, directors, agents, doctors, allied health practitioners, employees, service providers and third parties providing content on This Website) harmless from and against any claim or demand, and all losses incurred, arising from or related to (a) your breach of any representation, warranty, covenant or obligation set forth in this Agreement (or any other violation of this Agreement), (b) any information, content or other material transmitted, submitted or provided by you through This Website (including, without limitation, Mohjo’s exercise of its rights with respect to such information), (c) your publication or use of any user review displayed on This Website, or (d) your use of (or conduct on) any Third Party Site (including, without limitation, (i) any information, software or other material viewed or accessed by you on or through any Third Party Site (including without limitation, any advertisement or coupon for products or services on any Third Party Site), (ii) any transactions initiated or conducted by you through any Third Party Site (including, without limitation, any taxes associated therewith and any use by third parties of your credit card information), (iii) any products or services that you purchase or otherwise obtain on or through any Third Party Site (including, without limitation, the quality, safety and legality of such products or services or the sale thereof), (iv) any reservations you make on or through any Third Party Site, and (v) the conduct of sellers of any products or services that you purchase or otherwise obtain on or through any Third Party Site).

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our site other than that set out above, please contact admin@mohjo.com.au

Please note that these terms of use, their subject matter and their formation, are governed by Australian law. 

If you have any requests, questions, concerns or feedback, we’re always happy to hear from our patients. You can contact us at; admin@mohjo.com.au

Waiver of Class Action and Jury Trial and Consent to Binding Arbitration

In any legal proceeding relating to this Agreement, you agree to waive any right you may have to participate in any class, group, or representative proceeding and to waive any right you may have to a trial by jury. Any claim, controversy, or dispute that arises under or relates to this Agreement shall be referred by the aggrieved party to binding arbitration under the Commercial Rules of the Australian Arbitration Association.

Miscellaneous

Mohjo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, This Website or any portion thereof with or without notice. You agree that Mohjo shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the websites.

You and Mohjo agree that the substantive laws of the state of NSW, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. YOU AND MOHJO CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN SYDNEY, NSW, FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THIS WEBSITE. Except as otherwise required by law, any cause of action or claim you may have with respect to This Website must be commenced within one 6 months after the claim or cause of action arises or such claim or cause of action is barred.

If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the Agreement as possible. No waiver of any breach of any agreement or provision of this Agreement, nor any failure to assert any right or privilege contained in this Agreement, shall be deemed a waiver of any preceding or succeeding breach of any agreement or provision.

You agree not to assign or otherwise transfer this Agreement in whole or in part; any attempt to do so shall be void.

This Agreement (including all policies, notices and other terms incorporated into this Agreement by reference) constitutes the entire agreement between you and Mohjo with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. This Agreement may be revised only: (a) by Mohjo as set forth in the Section of this Agreement entitled “Changes to This Agreement”, or (b) by written agreement signed by a Mohjo executive. Any terms varying from this Agreement in any written, electronic or other communication from you are void. Notwithstanding anything to the contrary, this Agreement does not apply to any Advertiser Copy (as defined in any applicable Marketing Services Agreement or any Mohjo -provided Terms or Addendum) or other information, content or other material submitted or otherwise provided by you through This Website that is the subject of a Mohjo -provided preprinted agreement or a clickwrap agreement on a website owned by Mohjo (other than this Agreement).