Terms of service
Welcome to Kicko. The terms “we”, “us”, and “our” refer to Kicko.
Kicko operates this website and online store, including all related information, content, features, tools, and services, to provide you with a curated shopping experience (the “Services”). Kicko is powered by Shopify, which enables us to provide the Services to you.
Kicko may also provide features that support the delivery of healthcare services via telehealth, including online appointment booking, collection of consultation fees (where applicable), secure communications, and the ability to facilitate access to products that may be supplied by third parties (for example, partner pharmacies), where permitted.
Kicko is not a hospital or medical practice and does not provide medical advice. Medical consultations are provided by independent, Australian-registered health practitioners. Any clinical decisions (including whether a consultation is appropriate, and whether a prescription is issued) are made solely by the treating practitioner.
These Terms and Conditions, together with any policies referenced herein (collectively, the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms carefully, as they contain important information about your legal rights, including warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you must not access or use our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of 18+ in your state or territory of residence. You also represent that you have given consent for any of your minor dependents to use the Services on devices that you own, purchase, or manage.
To access or use the Services - including browsing our store, booking a consultation, or purchasing products, you may be required to provide certain information such as your email address, billing details, payment information, and shipping address. You represent and warrant that all information you provide is accurate, current, complete, and that you have the legal right to provide it.
You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activities conducted under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – HEALTHCARE SERVICES, TELEHEALTH AND CLINICAL DECISIONS
Kicko may enable you to book and attend a telehealth consultation with an Australian-registered medical practitioner or other Australian-registered health practitioner (each a “Practitioner”).
Practitioners providing consultations are independent providers and are responsible for the healthcare services they deliver to you, including clinical decision-making and maintaining clinical records as required by law.
Kicko does not provide medical advice, diagnosis, or treatment. Information made available on our Services (including general educational content) is not a substitute for professional medical advice. You should always seek advice from a qualified healthcare professional and discuss any information with your Practitioner before relying on it.
Clinical outcomes cannot be guaranteed. Your Practitioner may determine that telehealth, a particular treatment, or any prescription is not appropriate for you, and may decline to provide a consultation or issue a prescription, in their clinical discretion.
2.1 Eligibility for Services
To use our services, patients must:
- Be over the age of 18 or have parental/guardian consent.
- Provide accurate and truthful information during the registration and consultation processes.
- Be eligible under the laws and regulations of Australia to receive the prescribed treatment.
2.2 Patient Privacy
We are committed to protecting your privacy and confidentiality. Any personal and medical information collected is securely stored and used only for the purpose of providing medical services. We comply with all applicable privacy laws, including the Australian Privacy Principles (APPs).
2.3 No Referral Required
Patients are not required to have a referral to use our services. However, patients must provide their medical history and other relevant information during their health assessment to ensure appropriate care and treatment.
2.4 Telehealth Consultations
Our telehealth services allow patients to receive medical advice and treatment remotely. By using our telehealth platform, you agree that:
- You will provide accurate health information.
- You understand the limitations of telehealth consultations, including the absence of a physical examination.
- Our clinicians may request additional tests or referrals if necessary.
If you believe you are experiencing a medical emergency, call 000 immediately or attend your nearest emergency department. Telehealth services are not suitable for emergencies.
2.5 Consent to Communication
By providing your contact details, you consent to receiving communications from Kicko via SMS and email, including but not limited to:
- Appointment confirmations, reminders, and updates
- Prescription renewal reminders or medication alerts
- Post-treatment follow-up instructions
- Notifications regarding changes to clinic policies or services
Your consent remains valid until you choose to withdraw it by following the opt-out procedures detailed below.
You have the right to withdraw your consent at any time by:
- Replying "STOP" to any SMS message
- Clicking the "Unsubscribe" link included in email communications
- Contacting the clinic at care@kicko.com.au
Upon withdrawal of consent, you will no longer receive non-essential communications. However, Kicko may still contact you regarding critical information or legal obligations.
2.6 Transfer to Our Clinic
If you are transferring your care to Kicko from another healthcare provider, you may be required to provide a discharge letter from your previous clinic. The discharge letter should include any relevant medical history, treatment details, and other necessary information to ensure continuity of care.
2.7 Patient Code of Conduct and Right to Refuse Service
Patients must treat all clinic staff, practitioners, and fellow patients with respect, courtesy, and professionalism at all times. This includes, but is not limited to:
- Refraining from abusive, threatening, or harassing language (written or verbal)
- Avoiding discriminatory or offensive comments or behaviour
- Respecting the boundaries and well-being of our team
Zero-Tolerance Policy for Abuse
We operate a zero-tolerance policy toward abusive conduct. This includes:
- Verbal aggression or shouting
- Threats or intimidation
- Persistent harassment through emails, phone calls, or messages
- Attempts to coerce medical staff into breaching clinical or ethical guidelines
Disruption of Clinical Operations
Any behaviour that disrupts the clinical workflow or compromises the safety or dignity of staff or patients may result in:
- Suspension of services
- Immediate cancellation of appointments
- Termination of the patient-provider relationship
Blocking or Banning from Services
In the event of abusive behaviour, we reserve the right to block access to our services and terminate care without further notice. Depending on the severity, we may also report the incident to relevant health or legal authorities.
Appeals and Finality
While patients may contact us to discuss concerns, repeated or escalating abuse will not be tolerated under any circumstances. Decisions to terminate service due to abuse are final and will be documented internally.
SECTION 3 – PRESCRIPTIONS, PARTNER PHARMACIES AND REGULATED PRODUCTS
If, following a consultation, your Practitioner issues a prescription, that decision is made solely by the Practitioner based on clinical need and appropriateness. Kicko does not guarantee that any consultation will result in a prescription.
Kicko works with multiple partner pharmacies across Australia. Where the Services allow you to purchase products supplied by a partner pharmacy, you acknowledge that any supply of medication or other therapeutic goods is made by the pharmacy (or other supplier), not Kicko.
Kicko may facilitate ordering, payment, and communications. However, Kicko does not dispense medications and is not responsible for pharmacy fulfilment decisions, stock availability, substitutions, or delivery performance (except to the extent required by law).
Nothing on our Services is intended to promote a particular prescription-only medicine. In Australia, advertising prescription-only medicines to the public is generally prohibited, and promoting a telehealth service as a way to obtain a specific prescription medicine may breach applicable laws.
SECTION 4 – OUR PRODUCTS
We make every reasonable effort to accurately display our products and services in our online store. However, product colours and appearance may vary depending on your device, screen settings, and configuration.
We do not warrant that the appearance or quality of any product or service will meet your expectations or exactly match what is displayed online.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit quantities offered to any individual, region, or jurisdiction on a case-by-case basis.
SECTION 5 – ORDERS
By placing an order, you are making an offer to purchase. Kicko reserves the right to accept or reject any order at its discretion. An order is not considered accepted until we confirm acceptance and successfully process payment.
Please review your order carefully before submission. Once an order is accepted, cancellation may not be possible. If we cancel, modify, or decline an order, we will attempt to notify you using the contact details provided at checkout.
Where your purchase is fulfilled by a third-party supplier (for example, a partner pharmacy), the supplier may also have rights to accept or reject orders (including due to stock availability and regulatory requirements).
All purchases are subject to our Refund Policy and to any additional terms that apply to third-party suppliers, where relevant.
You represent and warrant that all purchases are for personal or household use only and not for commercial resale or export.
SECTION 6 – PRICES AND BILLING
Prices, promotions, and discounts are subject to change without notice. The price charged will be the price in effect at the time your order is placed and will be reflected in your order confirmation email.
Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are inclusive of GST where applicable. Unless otherwise stated, prices do not include shipping, handling, customs duties, or import charges.
Prices shown online may differ from prices in physical stores or third-party platforms. Promotional offers may be governed by separate terms, which will prevail in the event of a conflict.
You agree to provide accurate, current, and complete billing and payment information and to promptly update your details as required.
Kicko does not accept Medicare or DVA billing.
You represent and warrant that:
- The payment information provided is accurate and complete;
- You are authorised to use the payment method;
- Charges will be honoured by your payment provider; and
- You agree to pay all applicable charges, including taxes and shipping.
SECTION 7 – SHIPPING AND DELIVERY
Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, supplier processing times, or events beyond our control.
Where products are shipped by a third party (including partner pharmacies), shipping and delivery performance is managed by the supplier and carrier. Once products are transferred to the carrier, title and risk of loss may pass to you, subject to any non-excludable rights you have under Australian Consumer Law.
SECTION 8 – CANCELLATIONS, REFUNDS AND AUSTRALIAN CONSUMER LAW
Consultation fees. Consultation fees (if charged) are payable at the time of booking. If your Practitioner cancels your appointment, or if a verified technical failure prevents the consultation from being delivered, we will refund the consultation fee or offer a rebooking option (where available).
If you cancel late or do not attend your consultation, you may not be entitled to a refund, except where required by law.
Regulated products and medicines. For health and safety reasons, some goods (including many medicines) may not be eligible for return once supplied or dispatched, except where required by law (for example, if the goods are faulty, not as described, or otherwise fail to meet consumer guarantees).
Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, rights, or remedies you may have under the Australian Consumer Law.
SECTION 9 – INTELLECTUAL PROPERTY
All content included in the Services - including trademarks, logos, text, images, graphics, videos, audio, and overall design is owned by or licensed to Kicko and is protected by intellectual property laws.
You may use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, or otherwise use any content without our prior written consent.
Kicko’s name, branding, logos, and slogans are trademarks of Kicko. Shopify’s branding is the property of Shopify. All other trademarks belong to their respective owners.
SECTION 10 – OPTIONAL TOOLS
We may provide access to third-party tools that we do not control or monitor. These tools are provided “as is” and “as available” without warranties or endorsements.
Your use of optional tools is entirely at your own risk, and you should review the applicable third-party terms before use.
SECTION 11 – THIRD-PARTY LINKS AND PLATFORMS
The Services may contain links to third-party websites, platforms, or content. We are not responsible for the content, accuracy, availability, or practices of any third-party sites.
If your consultation is delivered via a third-party platform (for example, video or messaging tools), you may be required to agree to additional terms and privacy policies. Accessing and using third-party platforms is at your own risk.
SECTION 12 – REGULATORY COMPLIANCE AND ADVERTISING
Kicko is committed to complying with applicable Australian laws and regulatory requirements relevant to regulated health services and therapeutic goods.
You acknowledge that our Services must not be used to make false or misleading representations about health services, and that certain kinds of advertising are restricted (including advertising prescription-only medicines to the public).
Where the Services display reviews or feedback, you acknowledge that regulatory restrictions may apply to the use of testimonials in advertising regulated health services. Kicko may remove, disable, or moderate content to support compliance, including content that may be misleading, inappropriate, or unlawful.
SECTION 13 – RELATIONSHIP WITH SHOPIFY
Kicko is powered by Shopify; however, all sales are made directly between you and Kicko (or, where applicable, between you and a third-party supplier such as a partner pharmacy).
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of transactions conducted through our store, including any injury, damage, or loss resulting from purchased products or services. You expressly release Shopify and its affiliates from any claims arising from purchases and transactions made using the Services.
SECTION 14 – PRIVACY POLICY
All personal information collected through the Services is governed by our Privacy Policy and may also be subject to Shopify’s Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve the Services. Information you submit may be transmitted to and shared with Shopify and relevant third parties (including service providers and suppliers) including those located outside Australia.
SECTION 15 – FEEDBACK
If you submit any feedback, reviews, or suggestions (collectively, “Feedback”), you grant Kicko a perpetual, worldwide, royalty-free licence to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial purposes.
You represent that you own or have the necessary rights to all Feedback submitted and that it complies with these Terms.
We are not obligated to keep Feedback confidential, provide compensation, or respond.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine is unlawful, offensive, misleading, or otherwise objectionable, or that violates any party’s rights or these Terms.
SECTION 16 – ERRORS, INACCURACIES, AND OMISSIONS
We reserve the right to correct any errors, inaccuracies, or omissions and to cancel or update orders if information is incorrect, at any time and without prior notice (including after you submit an order).
SECTION 17 – PROHIBITED USES
You may use the Services only for lawful purposes. Prohibited activities include, but are not limited to: unlawful conduct, intellectual property infringement, harassment, impersonation, spamming, phishing, scraping, interference with security features, and introducing malicious code.
We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 18 – TERMINATION
We may terminate your access to the Services at any time without notice. All outstanding obligations remain payable upon termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 19 – DISCLAIMER OF WARRANTIES
Nothing in these Terms limits or excludes any guarantees, warranties, representations, or conditions implied by law (including the Australian Consumer Law) which cannot lawfully be limited or excluded.
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
Except as expressly stated in these Terms, and to the extent permitted by law, the Services and all products and services offered through the Services are provided on an “as is” and “as available” basis, without any representations, warranties, or conditions of any kind, whether express or implied.
Kicko does not warrant that:
- the Services will be uninterrupted, timely, secure, or error-free;
- any defects will be corrected; or
- the Services or any server or system used to make the Services available are free of viruses or other harmful components.
To the extent permitted by law, Kicko disclaims all implied warranties or conditions, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
With respect to healthcare services, Kicko makes no warranties regarding the suitability, quality, outcomes, or effectiveness of any consultation, treatment, advice, or prescription provided by a Practitioner. Practitioners are solely responsible for the healthcare services they provide.
SECTION 20 – LIMITATION OF LIABILITY
To the extent permitted by law, and subject to any non-excludable rights you may have under the Australian Consumer Law, Kicko’s liability for a failure to comply with a consumer guarantee is limited (at Kicko’s option) to:
- resupplying the relevant services or paying the cost of having the services supplied again; or
- in the case of goods, repairing or replacing the goods, supplying equivalent goods, or paying the cost of repair or replacement.
To the fullest extent permitted by law, in no event shall Kicko, its directors, officers, employees, affiliates, agents, contractors, service providers, licensors, or partners (including partner pharmacies), be liable for any indirect, incidental, special, consequential, or punitive damages, including (without limitation) loss of profits, revenue, savings, data, goodwill, or business opportunity, arising out of or related to:
- your use of or inability to use the Services;
- any consultation, prescription, or healthcare service provided by a Practitioner;
- any products supplied by third parties; or
- any content made available through the Services,
- even if advised of the possibility of such damages.
Kicko is not liable for the acts or omissions of Practitioners, pharmacies, delivery providers, or other third-party service providers, except to the extent required by law.
SECTION 21 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Kicko, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:
- your breach of these Terms or any policies incorporated by reference;
- your misuse of the Services;
- your violation of any applicable law or regulation; or
- your interactions with Practitioners, pharmacies, or other third-party service providers through the Services.
This indemnity survives termination of these Terms.
SECTION 22 – SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be severed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
SECTION 23 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms, together with any policies or notices posted by us, constitute the entire agreement between you and Kicko regarding your use of the Services and supersede all prior or contemporaneous agreements, communications, and understandings.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 24 – ASSIGNMENT
You may not assign, transfer, or delegate these Terms or any of your rights or obligations without our prior written consent. Any attempted assignment in violation of this clause is void.
Kicko may assign or transfer these Terms and our rights and obligations at any time without notice to you.
SECTION 25 – GOVERNING LAW AND JURISDICTION
These Terms are governed by the laws of the State or Territory in Australia in which Kicko is headquartered.
You and Kicko submit to the non-exclusive jurisdiction of the courts of that State or Territory and the courts of Australia.
SECTION 26 – CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates on our website. Where required by law, we will provide notice of material changes. Your continued use of the Services after changes are posted constitutes acceptance of the updated Terms.
SECTION 27 – CONTACT INFORMATION
Questions about these Terms of Service should be sent to: