Terms & Conditions
Welcome to the website of Jelly Health Pty Ltd (ABN 56 666 005 081) ("we", "us" or “Jelly Health"). This website is located on the web via the domain www.jellyhealth.com.auand includes all of the files located in that domain ("this Site"). Jelly Health operates a healthcare workforce platform providing recruitment, credentialing, rostering, labour-hire, and workforce support services to clinicians and healthcare organisations via our online platform provided by this Site.
Agreement to these Website Terms of Use
These terms of use govern your use of this Site ("Website Terms of Use") and constitute a binding agreement between you and us. By accessing this Site, you agree to be bound by these Website Terms of Use. Every time you access recruitment, labour-hire or workforce support services provided by Jelly Health (through this Site, over the telephone or via other means), you are subject to these Website Terms of Use.
If you do not agree to these Website Terms of Use we may not be able to offer you services through this Site and you must not access or use this Site.
The legal relationship between Jelly Health and its clients or clinicians in relation to the supply of specific services provided by us may also be subject to a separate agreement between Jelly Health and the relevant party.
Privacy Policy
As part of these Website Terms of Use, your use of this Site is also subject to our Privacy Policy (located at https://www.jellyhealth.com.au/privacy-policy), which is incorporated by reference into these Website Terms of Use.
Our Services and Platform Users
This Site may be used to access recruitment, credentialing, rostering, labour-hire and workforce support services. Clinicians (such as registered medical practitioners and nurse practitioners) and hiring partners/organisations (such as telehealth providers and healthcare organisations) are independent parties. Jelly Health’s role is to facilitate connections, credentialing, matching, rostering and support services between clinicians seeking flexible or permanent roles and vetted healthcare organisations. Jelly Health does not employ the clinicians or act as their agent, nor does it provide clinical services itself. The clinicians and organisations are responsible for their own compliance with professional, regulatory and contractual obligations.
While we endeavour to match clinicians with suitable opportunities and support high-quality placements, you understand and acknowledge that our services may not be the appropriate solution for every person’s or organisation’s needs and are not a guarantee of employment, placement, or specific outcomes.
Use of this Site
You hereby confirm that you are legally able to enter into a contract. If you are a clinician using the platform, you further confirm that you hold current and valid registration with the Australian Health Practitioner Regulation Agency (AHPRA) (or equivalent) and meet all eligibility criteria for the roles you apply for or accept.
You agree to pay all fees and charges associated with your account (if applicable) on a timely basis and according to the fees schedule, the terms and the rates as published on the Site or in any separate agreement. By providing us with your means of payment you authorise us to bill and charge you through that means of payment and you agree to maintain a valid means of payment information in your account information.
User information
In order to register an account with this Site, you must agree to these Website Terms of Use, and provide us with a user name and contact information including valid email address and phone number. You must promptly update this information to maintain its accuracy at all times.
You represent and warrant to us that all information provided by you, including the information through our account registration module, is true and not misleading and does not violate any applicable law or regulation or any person's intellectual property or other rights. This includes (for clinicians) accurate details of qualifications, registration status, experience and availability.
Multiple accounts and automated account opening
One person or organisation may not maintain more than one account with this site. Accounts registered by "bots" or other automated methods are not permitted.
Registration
We reserve the right to make any parts of this site accessible only to users who have registered.
Upon registration with this site, you will enter a username and password to access your account. You are responsible for maintaining the security of your password for this site.
We will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that we will be entitled to assume that any person using this site with your username and password is you or your authorised representative.
You must notify us immediately of any known or suspected unauthorised use of any password or any other breach of security.
You accept that you are responsible for maintaining the confidentiality of any information that you download onto your mobile device or computer. It is also your responsibility to delete or keep safe messages, emails and any transcripts of online conversations that you download or print out.
Approval of registrations
We reserve the right to accept or reject any application for registration of an account with this site at our discretion. User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any user’s identity.
Access to site
Notwithstanding anything else, we reserve the right at our absolute discretion to refuse access to the site at any time.
Third party payments
We may use third party payment gateways to facilitate secure online payment transactions for our service fees (unless you pay by direct debit or other agreed method). Payments made through any third party payment gateway are subject to that provider’s terms and conditions and privacy policy. We do not see or have access to any personal or financial information that you provide to the third party provider, other than information that is required in order toprocess your order for our services (e.g., your name, email address and billing/postal address). You receive a confirmation and receipt of your transaction and records of your transactions can be found on the client dashboard (where applicable).
While our third party payment gateway and website hosting providers employ secure technology for transactions with our users, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a user whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than us.
Intellectual property
Copyright
In these Website Terms of Use, the term "Proprietary Content" means:
• this Site;
• all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof); and
• all software, systems and other information owned or used by Jelly Health in connection with this Site (whether hosted on the same server as this site or otherwise).
All Proprietary Content is the property of Jelly Health or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these terms or with the prior written consent of Jelly Health or other copyright owner (as applicable).
You may download and print out content from this Site only for your own personal and non-commercial use or reference purposes and provided that you do not remove or modify any copyright, trademark or other proprietary notices. You explicitly agree not to forward or copy email messages or other electronic communications from Jelly Health to other persons except in circumstances where this has been agreed in advance by Jelly Health and is done with their written consent. You may not copy and paste bits of text or use Jelly Health advice or materials out of context or pass them on to a third party without consent.
Links provided to other internet sites are provided for the user’s convenience and do not constitute endorsement of the information at those sites, or any associated person, organisation, product or services.
Trademarks
The Company has various registered and unregistered trademarks including Jelly Health. The look and feel of this Site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks (registered or unregistered) and/or trade dress of Jelly Health. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without our prior written consent.
Restrictions on use
Prohibited conduct.
It is prohibited to:
• copy, duplicate, distribute, transmit, reproduce, publish, license, transfer or sell or store the information on this Site or to create works that are derived from the above other than for your own personal and non-commercial use, without our prior written authorisation.
• reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this Site.
• use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network.
• falsely imply that any other website is associated with this Site.
• do anything that leads, or may lead, to a decrease in the value of our Proprietary Rights in this Site.
• use this Site or its content in any manner for any purpose which is illegal or prohibited by any applicable local, state, national or international law.
Violations of these Website Terms of Use
Without limiting any other remedies available to Jelly Health at law or in equity, we reserve the right to, without notice, temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide services to you if:
• you breach any provision of these Website Terms of Use;
• we are unable to verify or authenticate any information that you provide to us; or
• we believe that your actions may cause damage and/or legal liability to us, any of its clients or suppliers or any other person.
Indemnity
You indemnify and hold harmless Jelly Health and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
• your use of, or connection to, this Site; or
• your negligence or misconduct, breach of these Website Terms of Use or violation of any law or the rights of any person.
Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, JELLY HEALTH AND ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
This Site is provided strictly on an "as is" basis. The content is believed to be accurate, complete, current and reliable at the date the information was placed on site however to the maximum extent permitted by law, Jelly Health and its officers, employees, agents, contractors, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this Site or any of its content, and in particular do not represent, warrant or guarantee that:
• the use of this Site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
• this Site will meet your requirements or expectations;
• any match, placement, credentialing or other service will result in a successful outcome, employment or specific results;
• the quality of any information or services obtained through this Site will meet any particular requirements or expectations (you are strongly encouraged to conduct your own due diligence and verify all information);
• errors or defects will be corrected; or
• this Site or the servers that make it available are free of viruses or other harmful components.
You may withdraw from further participation in this Site or the services at any time subject to any applicable cancellation or termination provisions in your separate agreement with us (if any). You agree that Jelly Health is not liable for any incorrect results, failed matches, or loss or damage suffered by you due to your use of Jelly Health services.
Cancellation / Termination policy
Any cancellation or termination of services is governed by the specific agreement between you and Jelly Health (if applicable). In the absence of a specific agreement, cancellations or terminations may incur fees as published on the Site or notified to you.
If Jelly Health cancels services due to operational reasons, the services will be addressed in accordance with the relevant agreement or at our discretion.
Limitation of liability
Exclusion of liability
To the maximum extent permitted by law, Jelly Health and its officers, employees, agents, contractors, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this Site, or the recruitment, labour-hire or workforce support services provided to you or any other person.
Remedies limited.
To the maximum extent permitted by law, Jelly Health and its officers, employees, agents, contractors, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company's sole discretion):
• in the case of services:
o the supply of the services again; or
o the payment of the cost of having the services supplied again.
Severability
The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed, and the remaining provisions shall be enforced.
Variation
Jelly Health reserve the right to amend these Website Terms of Use and any other policy on this site at any time in our sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this Site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this Site.
Force majeure
To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, we exclude liability for any delay in performing any of our obligations under these Website Terms of Use where such delay is caused by circumstances beyond our reasonable control, and we shall be entitled to a reasonable extension of time for the performance of such obligations.
Governing law and jurisdiction
These Website Terms of Use will be governed in all respects by the laws of Victoria. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and the courts of appeal from them.