6.1 Any notice to or by a party under these Terms and Conditions must be in writing and sent by electronic mail to the recipient’s email address most recently notified, or where electronic mail is impracticable, by pre-paid mail to the recipient’s postal address last notified.
6.2 For the purposes of this clause 6:
(a) the Account Holder’s contact details shall be those provided to National Home Doctor Service in accordance with clause 1; and
(b) National Home Doctor Service’s contact details shall be those set out on the Website from time to time.
6.3 For the purposes of these Terms and Conditions, a notice shall be deemed to be received by a party:
(a) if sent by electronic mail, at the time sent, unless the sender is notified, by a system or person involved in the delivery of the electronic mail, that the electronic mail was not successfully sent;
(b) if sent by pre paid mail, five days after posting.
7. LIMITATION OF LIABILITY
To the maximum extent permitted by law, National Home Doctor Service does not accept any liability for, and the Account Holder hereby releases and indemnifies National Home Doctor Service from any claim in relation to loss or damage of any kind (including loss of profits or indirect, consequential, incidental, special exemplary or punitive loss or damage), howsoever caused (including through the negligence of National Homer Doctor Service), suffered or incurred by an Account Holder or any Nominated Member arising out of or in connection with:
(a) the goods and services provided by National Home Doctor Service to an Account Holder and/or a Nominated Member in connection with the Membership; and
(b) the goods and/or services provided by a Treating Doctor to a Nominated Member.
9. GENERAL PROVISIONS
9.1 The Account Holder may not assign its rights under the Membership or amend or add to the Nominated Members, without the prior written consent of National Home Doctor Service.
9.2 National Home Doctor Service may assign its rights and obligations under these Terms and Conditions to any person or entity, provided that National Home Doctor Service shall provide notice in writing of such assignment to the Account Holder.
9.3 Any waiver or relaxation, in whole or part, of any rights of National Home Doctor Service under these Terms and Conditions is only valid if it is in writing.
9.4 A provision of these Terms and Conditions must be read down to the extent necessary to be valid. If it cannot be read down to that extent, it must be severed, in which case, the remainder of these Terms and Conditions shall continue in full force.
9.5 The Membership and these Terms and Conditions are governed by the laws of New South Wales and the Account Holder agrees to submit to the non-exclusive jurisdiction
In these Terms and Conditions:
Account Holder means any natural person who applies for, and obtains, Membership in accordance with these Terms and Conditions;
After Hours Consultation means a domiciliary medical examination and consultation by a Treating Doctor at a Nominated Address, during the times specified as “after hours times” on the Website from time to time;
Annual Membership Fee means the annual fee payable by an Account Holder for Membership, as specified on the Website and varied from time to time in accordance with these Terms and Conditions;
Business Day means any day except a Saturday or a Sunday or other public holiday in the State or Territory in which the Nominated Addresses are located;
Clinically Appropriate means a course of action and/or medication that is determined by the Treating Doctor (in the Treating Doctor’s sole discretion) to be an appropriate course of action and/or medication for a Nominated Member’s condition, following an examination of the Nominated Member by the Treating Doctor;
Episodic Medications means the commonly prescribed medications and over-the-counter pharmacy products for treating episodic illnesses, which are specified on the Website from time to time;
Membership Year means the consecutive twelve month period of Membership beginning from the date of activation of the Membership or the Renewal Date (as the case may be);
Next Day Appointment Service has the meaning given to it in clause 3.2;
Nominated Addresses means the residential addresses nominated by the Account Holder as the usual residential addresses of the Nominated Members;
Nominated Members means the persons who are nominated by the Account Holder for the purpose of obtaining the benefits of a single Membership and who ordinarily reside at one of the Nominated Addresses, which may or may not include the Account Holder;
Renewal Date has the meaning given to it in clause 2.1;
Treating Doctor means the doctor arranged by National Home Doctor Service, at the request of a Nominated Member, to conduct an After Hours Consultation;
Urgent Medications means the time critical prescription medications, which are specified on the Website from time to time;
Website means the website operated by National Home Doctor Service at www.homedoctor.com.au;