Big Picture Medical Limited: Terms of Platform Use
PLEASE READ THESE TERMS OF PLATFORM USE CAREFULLY BEFORE USING OUR PLATFORM. USING THE PLATFORM INDICATES THAT YOU
ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US AND, WHERE APPLICABLE, THEY SHALL
SURVIVE ANY DEACTIVATION OF YOUR ACCOUNT. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE PLATFORM. YOU ACKNOWLEDGE
AND AGREE THAT THE PLATFORM CONTENT IS PROVIDED SOLELY FOR YOUR INFORMATION. THE CONTENT DOES NOT PROVIDE YOU WITH ANY
ADVICE OR RECOMMENDATION OF ANY KIND AND MUST NEVER BE USED AS A SUBSTITUTE FOR ADVICE PROVIDED BY A DOCTOR OR OTHER
QUALIFIED HEALTHCARE PROFESSIONALS.
The following definitions and rules of interpretation apply in these Terms of Platform Use.
1.1 Definitions:
“Big Picture, we, our or us” means Big Picture Medical PTY Ltd, a company incorporated and registered in Australia
with a business number (ABN) 24 605 745 435 and headquartered at 17 Arthur St, Surry Hills NSW 2010 (AU). We are also
registered in England and Wales with company registration number 11146520 and our registered office and main trading
address for the UK is 15th Floor, 6 Bevis Marks, London, UK, EC23A 7BA;
“Business Day” means a day other than a Saturday, Sunday or public holiday in England when banks in London are open
for business;
“Client” means a User that is registered on the Platform by any means, including by the Practitioner and/or the
Practitioner’s organisation, for the purpose of receiving the Services;
“Content” means all audio, video, text, images or other content and information made available by us to you through
the Platform and may include content which is owned or controlled by third parties which we are permitted to make
available to you through the Platform;
“Introducer” means an organisation/individual that refers Users for access to the Platform for the purpose of a
Practitioner providing Services;
“Introduction” means the introduction of a Client for Services to a Practitioner via the Platform at the Introducer’s
request;
“Platform” means Big Picture’s applications, websites and services and related websites, applications, and services
provided by Big Picture;
“Practitioner” means a User that is registered on the Platform as a health specialist to provide the Services and/or
Introductions;
“Services” means the assessment, diagnosis and treatment services to be provided by a Practitioner to a Client or
recipient not registered on the Platform;
“Terms of Platform Use” means these Terms of Platform Use together with any documents referred to in it;
“User, you or your” means any person who uses the Platform.
1.2. Clause headings shall not affect the interpretation of these Terms of Platform Use.
1.3. A person includes a natural person, corporate or unincorporated body (whether or not
having separate legal personality).
1.4. Unless the context otherwise requires, words in the singular shall include the plural and in
the plural shall include the singular.
1.5. Unless the context otherwise requires, a reference to one gender shall include a reference to
the other genders.
1.6. Unless otherwise specified, a reference to a statute or statutory provision is a reference to
it as amended, extended or re-enacted from time to time and shall include all subordinate legislation made from time
to time under that statute or statutory provision and all orders, notices, codes of practice and guidance made under
it.
1.7. Any obligation on a party not to do something includes an obligation not to allow that thing
to be done and an obligation to use best endeavours to prevent that thing being done by another person.
1.8. Any words following the terms including, include, in particular, for example or any similar
expression shall be construed as illustrative and shall not limit the sense of the words, description, definition,
phrase or term preceding those terms.
2.1. These Terms of Platform Use are a legal agreement between the User and us for the use of our
Platform. Use of the Platform includes accessing, browsing, or registering to use our Platform.
2.2. When using the Platform, you must also comply with our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Platform, you consent to such processing and you warrant that all data provided by you is accurate, current and complete in all respects.
2.3. By using and/or registering to use the Platform, you confirm that you accept all of the terms
and conditions contained in these Terms of Platform Use.
2.4. If you do not agree to these Terms of Platform Use, you must not use the Platform.
2.5. You are also responsible for ensuring that all persons who access the Platform through your
internet connection are aware of these Terms of Platform Use and other applicable terms and conditions, and that they
comply with them.
2.6. We recommend that you store or print-off a copy of these Terms of Platform Use for your
records.
Platform
3.1. You may use the Platform only for lawful purposes. You must not use the Platform:
3.2. You also agree:
Content standards
3.3. These content standards apply to any and all material which you contribute to the Platform
(“Contributions”).
3.4. You must comply with the spirit and the letter of the content standards outlined in these
Terms of Platform Use. The standards apply to each part of any Contribution as well as to its whole.
3.5. Contributions must:
3.6. Contributions must not:
3.7. If you find any content on our Platform to be in any way offensive, obscene, defamatory,
racist, harmful, inaccurate, unlawful, illegal, infringing of any third party rights, deceptive in any way or
otherwise in breach of our content standards, please notify us by email at support@bigpicturemedical.com and using the
subject heading “Unacceptable Content”. We take complaints seriously and on receipt of your complaint we will
investigate whether the content breaches our content standards or this clause 3 and may at our discretion, remove or
block access to the Content complained of.
Suspension and termination
3.8. We will determine, in our discretion, whether there has been a breach of these Terms of
Platform Use through your use of the Platform. Where a breach has occurred, we may take such action as we deem
appropriate.
3.9. Failure to comply with this clause 3 constitutes a material breach of the Terms of Platform
Use upon which you are permitted to use the Platform, and may result in our taking all or any of the following
actions:
3.10. We exclude liability for actions taken in response to breaches of this clause 3. The
responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
4.1. In consideration of you agreeing to abide by these Terms of Platform Use, we hereby grant to
you a non-exclusive, non-transferable, licence to use the Platform.
4.2. Access to the Platform is permitted on a temporary basis and we reserve the right to withdraw
or amend the Platform without notice.
4.3. Please note that certain sections of the Platform are viewable without registering with us but
to actively participate, or store your information, you must be registered on the Platform as a Client.
4.4. We will not be liable if for any reason the Platform is unavailable at any time or for any
period.
4.5. From time to time, we may restrict access to all or some parts of the Platform to Users who
have registered with us.
4.6. You are responsible for making all arrangements necessary for you to have access to the
Platform. You are also responsible for ensuring that all persons who access the Platform through your internet
connection are aware of these Terms of Platform Use and that they comply with them.
4.7. We may update and change the Platform and the Content from time to time to reflect changes to
our products, our users’ needs and our business priorities. However, please note that any of the Content on the
Platform may be out of date at any given time, and we are under no obligation to update it.
4.8. We do not guarantee that the Platform will be secure or free from bugs or viruses.
4.9. We cannot guarantee continuous access to the Platform. We will strive to ensure that the
periods of planned unavailability, which you will be informed of when you access the Platform at the relevant time,
are kept to a minimum. If the need arises, we may suspend access to the Platform, or close it indefinitely.
4.10. You are responsible for configuring your information technology, computer programmes and
platform to access the Platform. You should use your own virus protection software.
5.1. The Content on our Platform is provided for education, aid, assistance, allowing
communications between the parties and general information only and, in the case of Client medical records, to enable
the Practitioner to provide the Services.
5.2. Notwithstanding the foregoing, Big Picture makes no representations, warranties or
guarantees, whether express or implied, that the Content on our Platform is accurate, complete or up-to-date.
5.3. To the extent permitted by law, Big Picture shall not be liable to you or anyone else for any
decision made or action taken by you in reliance on the Content.
5.4. The Client is ultimately responsible for providing the Platform with accurate information
around his/her physical condition from time to time.
5.5. Please note that the Content on the Platform is provided solely for your information and you
use the Platform at your own risk. The Content must never be used as a substitute for, nor does it replace
professional medical advice, diagnosis, assistance or treatment or procedure. Nothing stated or posted on the Platform
is intended to be and must not be taken to be the practice of medicine or other professional healthcare advice or the
provision of medical care.
5.6. It is recommended in all cases that Clients discuss the suitability of any potential Services
with your primary care point before proceeding with treatment. Clients must not disregard, avoid or delay
obtaining medical advice from a qualified healthcare provider based on what you have read on the Platform nor use the
Platform for emergency medical care or needs. In a medical emergency, immediately contact the emergency
services.
5.7. Clients acknowledge that the Services provided by Practitioners through the Platform differ
from the typical diagnosis services offered by other qualified healthcare providers. Practitioners will not have
the benefit of information that may be obtained by examining a Client in person and observing his/her physical
condition and, consequently, may be unaware of information that would affect the nature of the Services
provided.
5.8. In recognition of clauses 5.6 and 5.7, Clients accept that:
(a) Practitioners do not have important information that is usually obtained through a physical examination;
and
(b) the absence of a physical examination in the course of the consultation on the Platform, where the consultation
may be performed virtually, may impair the Practitioner’s ability to fully assess the suitability of treatment for the
Client.
5.9. Big Picture requires every Practitioner:
(a) to ensure that any Content he/she provides to us is accurate, complete and truthful;
(b) to use all reasonable efforts to update the Content on our Platform; and
(c) to ensure that he/she holds all active licenses, certifications, accreditations and insurance protections to
provide Services as required by law to practice the specialties of the Services offered by him/her.
5.10. Big Picture is not the source of, does not have any control over, does not monitor and takes no
responsibility for the content of communications made during or in the context of an instant messaging
consultation. By using the Platform, Clients agree that any Content that they submit may be transmitted to their
selected Practitioner, and vice versa. The content of communications is entirely the responsibility of the person from
whom such Content originated. You therefore may be exposed to Content that is offensive, unlawful, obscene, indecent
or otherwise objectionable, in which case, please refer to clause 3.7 of these Terms of Platform Use.
6.1. Neither use of the Platform, nor any other communication with Big Picture shall create a
licensed Practitioner/Client relationship between Big Picture and the Client.
6.2. Big Picture is not an employer of the Practitioners, nor does it guarantee to introduce
any quantity of Clients to Practitioners.
6.3. Big Picture has no control over, and cannot guarantee the availability of any Practitioner at
any particular time. We will not be liable for cancelled or otherwise unfilled appointments, or any injury
resulting therefrom, or for any other injury resulting or arising from or related to the use of the Platform
whatsoever.
6.4. Practitioners must not commence any Services consisting of treatment without a Consent to
Treat form completed by the Client in either the Big Picture standard form or the Practitioner’s own form (as
determined by the Practitioner having taken external advice on the most suitable).
6.5. We make no representations, warranties or guarantees, whether express or implied, as to any
Practitioner’s professional qualifications, expertise, eligibility, quality of work, price or cost information,
insurance coverage or insurance fee assurance, benefit information or other Content. It is the sole
responsibility of the Practitioner to be eligible and capable of providing the appropriate Services.
6.6. We do not in any way evaluate, guarantee or recommend any Practitioner or their advice,
procedures, treatment, information, and opinions or other information or Content listed or accessible through the
Platform. The Platform acts only as a platform to introduce Clients to Practitioners and nothing shall be
considered as a referral, endorsement, recommendation or guarantee of any Practitioner by Big Picture.
6.7. Any provision of Services by the Practitioner to the Client is directly between the two
parties and it is acknowledged that Big Picture is not a party to such arrangement, booking or contract. The
provision of any Services by a Practitioner to a Client shall be governed by the terms of supply, contract and/or duty
of care between such parties.
6.8. All Clients acknowledge and agree that any complaint, grievance or claim he/she may have that
is in any way connected with a Practitioner and/or Practitioner’s practice must be addressed and/or brought directly
against the Practitioner and/or their practice and not against Big Picture.
6.9. Practitioners are affiliated with organisations that enter into contracts with us under which
we are paid for access to the Platform and associated operational and maintenance costs.
We may revise these Terms of Platform Use at any time. Please check this page from time to time to take notice of any
changes we have made, as they are binding on you. If you do not agree to such changes, you should not use the
Platform. Your continued use of the Platform after the date the modified terms are posted will constitute your
acceptance of the modified terms.
8.1. If you choose, or you are provided with, a user identification code, password or any other
piece of information as part of our security procedures, you must treat such information as confidential. You must not
disclose it to any third party, nor permit any third party to have any unauthorised access to the Platform at any time
without Big Picture’s written consent.
8.2. We have the right to disable any user identification code or password, whether chosen by you
or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of
these Terms of Platform Use.
8.3. If you know or suspect that anyone other than you knows your user identification code or
password, you must promptly notify us at support@bigpicturemedical.com.
9.1. We are the owner or the licensee of all intellectual property rights in the Platform, and in
the material published on it. Those works are protected by copyright laws and other laws and treaties around the
world. All such rights are reserved.
9.2. You may print off one copy, and may download extracts, of any page(s) from our Platform for
your personal use and you may draw the attention of others within your organisation to Content posted on our
Platform. You must not take screenshots, download pages, or seek in any other way to distribute copies of the
Platform to anyone outside of the Introducer or Practitioner’s organisations without the permission of Big Picture.
9.3. You must not modify the paper or digital copies of any materials you have printed off or
downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics
separately from any accompanying text.
9.4. Our status (and that of any identified contributors) as the authors of Content on our
Platform must always be acknowledged.
9.5. You must not use any part of the Content on our Platform for commercial purposes without
obtaining a licence to do so from us or our licensors.
9.6. If you print off, copy or download any part of our Platform in breach of these Terms of
Platform Use, your right to use our Platform will cease immediately and you must, at our option, return or destroy any
copies of the materials you have made.
9.7. You are not permitted to use any of our trade marks without our approval, unless they are
part of material you are using as permitted under this clause 9.
9.8. We reserve all rights to pursue any remedy that we may have for breach of this clause 9.
10.1. Nothing in these Terms of Platform Use excludes or limits our liability for death or
personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that
cannot be excluded or limited by English law.
10.2. To the extent permitted by law, we exclude all implied conditions, warranties,
representations or other terms which may apply to our Platform or any Content on it.
10.3. We will not be liable to any User for any loss or damage, whether in contract, tort
(including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection
with:
(a) use of, or inability to use, our Platform; or
(b) use of or reliance on any Content displayed on our Platform.
10.4. We will not be liable for any loss or damage caused by a virus, distributed
denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer
programs, data or other proprietary material due to your use of our Platform or to your downloading of any Content on
it, or on any website linked to it.
10.5. We assume no responsibility for the content of websites linked on our Platform. Such links
should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage
that may arise from your use of them.
10.6. You agree that we have no liability to you for any loss of profit, loss of business, business
interruption, or loss of business opportunity.
10.7. We will not be liable if digital content that we have supplied damages a device or digital
content belonging to Users.
10.8. Our maximum aggregate liability under or in connection with these Terms of Platform Use,
whether in contract, tort (including negligence other than where such limitation is not permitted by law) or
otherwise, shall in all circumstances be limited to a sum equal to the amount you have paid to use the Platform.
11.1. Either party may terminate these Terms of Platform Use immediately and without notice to the
other party. You may terminate these Terms of Platform Use by deactivating your account and refraining to use the
Platform.
11.2. Upon termination for any reason:
(a) all rights granted to you under these Terms of Platform Use shall cease;
(b) you must cease all activities authorised by these Terms of Platform Use ; and
(c) you must immediately cease using the Platform and certify to us that you have done so.
12.1. You may not transfer, assign, subcontract, novate, charge or otherwise dispose of these
Terms of Platform Use, or any of your rights or obligations arising under them.
12.2. We may transfer, assign, subcontract, charge, novate or otherwise dispose of these Terms of
Platform Use, including any of our rights or obligations arising under them.
13.1. Where our Platform contains links to other sites and resources provided by third parties,
these links are provided for your information only.
13.2. We have no control over the contents of those sites or resources and accept no liability for
them.
14.1. Whenever you make use of a feature that allows you to upload content to the Platform, or to
make contact with other Users of the Platform, you must comply with the content standards set out in these Terms of
Platform Use.
14.2. You warrant that any such contribution does comply with those standards, and you will be
liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or
damage we suffer as a result of your breach of warranty.
14.3. We also have the right to disclose your identity to any third party who is claiming that any
content posted or uploaded by you to the Platform constitutes a violation of their intellectual property rights, or of
their right to privacy.
14.4. You are solely responsible for maintaining copies of any content you post or upload to the
Platform.
When you upload or post content to the Platform, you grant us a perpetual, worldwide, non-exclusive, royalty-free,
transferable licence to use, reproduce, distribute, prepare derivative works and display that user-generated content
in connection with the service provided by the Platform and across different media.
16.1. Communications. We are required to provide certain information to you in writing. By
accepting Terms of Platform Use, you agree that we can communicate with you electronically either by email or by
posting notices on the Platform.
16.2. Severance. If any of these Terms of Platform Use should be determined to be illegal, invalid,
or otherwise unenforceable, it shall be severed and deleted. The remaining Terms of Platform Use shall survive, remain
in full force and effect, and continue to be binding and enforceable.
16.3. Waiver. If we fail to insist upon strict performance of any of these Terms of Platform Use,
or if we fail to exercise any of the right or remedies to which we are entitled, this will not constitute a waiver of
such rights or remedies and will not relieve you from compliance with such obligations. No waiver by us of a breach of
obligation arising under these Terms of Platform Use shall constitute a waiver of any other breach.
16.4. Third Party Rights. A party who is not a party to these Terms of Platform Use shall have no
rights under the Contract (Rights of Third Parties) Act 1999 or otherwise as a third party to enforce any terms of
these Terms of Platform Use save for any parent, subsidiary, or affiliate entity within our group company.
16.5. Entire Agreement. These Terms of Platform Use and any document expressly referred to in it
constitute the whole agreement between us and supersede any previous discussions, correspondence, arrangements or
understandings between us.
16.6. Law and Jurisdiction. These Terms of Platform Use and any dispute or claim arising out of or
in connection with it or its subject matter or formation (including non- contractual disputes or claims) shall be
governed by and construed in accordance with the law of England and Wales.
16.7. Any dispute or claim arising out of or in connection with these Terms of Platform Use will
be subject to the exclusive jurisdiction of the courts of England and Wales.
To contact us, please email support@bigpicturemedical.com.
Company Name: Big Picture Medical PTY Ltd
Registered With: