Terms and Conditions of Use
Last updated: 11.07.2025
About the Application
(a) Welcome to Matilda Health (Application). The Application provides access to a digital wellness and education program designed to support individuals preparing for and recovering from laparoscopic surgery for suspected or confirmed endometriosis. The program includes structured pre- and post-surgery guidance through multimedia educational content (videos, audio, and written material), habit tracking tools, peer support features, and group sessions facilitated by clinicians. All content is for general informational and educational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. The Application does not provide medical, therapeutic, or emergency services, and no part of the program constitutes or replaces clinical care. Users are encouraged to consult their healthcare providers for any medical concerns or decisions relating to their health and surgery. (Services).
(b) The Application is operated by Matilda Health Pty Ltd (ACN 662 336 987). Access to and use of the Application, or any of its associated Products or Services, is provided by Matilda Health Pty Ltd. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of Services, immediately.
(c) Matilda Health Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Matilda Health Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms
You accept the Terms by remaining on the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Matilda Health Pty Ltd in the user interface.
Access to use the Services
(a) In order to access the Services, you must either:
purchase access through our website (self-referral method), or
be granted access via referral by a subscribing clinician, health organisation, insurer, employer, or other authorised partner, or through our Matilda Health Scholarship Fund pathway.
(b) You must then register for an account through the Application (Account).
(c) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
Email address
Preferred username
Password
Date of Birth, Location (e.g. metro or rural),
Other information relevant to your medical treatment that will support us in providing you with our Services
(d) You warrant that any information you give to Matilda Health Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.
(e) Once you have completed the registration process, you will be a registered member of the Application (Member) and agree to be bound by the Terms.
(f) You may not use the Services and may not accept the Terms if:
you are not of legal age to form a binding contract with Matilda Health Pty Ltd; or
you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
(g) Clinical Subscription Services
Healthcare providers may subscribe to Matilda Health's Clinical Services, which includes:
Patient referral capabilities via a webform;
Access to patient outcome reports and analytics;
Platform support services and updates;
Monthly subscription fee processed via Stripe.
Subscription termination requires 30 days' written notice to Matilda Health Pty Ltd.
Matilda Health Pty Ltd reserves the right to modify subscription fees with 30 days' notice to subscribers.
Your obligations as a Member
(a) As a Member, you agree to comply with the following:
you will use the Services only for purposes that are permitted by:
(A) the Terms; and
(B) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;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 Services;
any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Matilda Health Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;
access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of Matilda Health Pty Ltd providing the Services;
you will not use the Services or the Application in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Matilda Health Pty Ltd;
you will not use the Services or Application 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 Application;
you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Services. Appropriate legal action will be taken by Matilda Health Pty Ltd for any illegal or unauthorised use of the Application; and
you acknowledge and agree that any automated use of the Application or its Services is prohibited.
Payment
(a) All payments made in the course of your use of the Services are made using Stripe. In using the Application, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.
(b) You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
(c) You agree and acknowledge that Matilda Health Pty Ltd can vary the Services Fee at any time.
Refund Policy
(a) Matilda Health Pty Ltd will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of Matilda Health Pty Ltd makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (Refund).
(b) Any benefits set out in this Terms and Conditions may apply in addition to consumer's rights under the Australian Consumer Law.
Copyright and Intellectual Property
(a) The Application, the Services and all of the related products of Matilda Health Pty Ltd are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Matilda Health Pty Ltd or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Matilda Health Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
use the Application pursuant to the Terms;
copy and store the Application and the material contained in the Application in your device's cache memory; and
print pages from the Application for your own personal and non-commercial use.
use the Application solely for your personal, non-commercial purposes and not for any business or commercial activities;
Matilda Health Pty Ltd does not grant you any other rights whatsoever in relation to the Application or the Services. All other rights are expressly reserved by Matilda Health Pty Ltd.
(c) Matilda Health Pty Ltd retains all rights, title and interest in and to the Application and all related Services. Nothing you do on or in relation to the Application will transfer any:
business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
to you.
(d) You may not, without the prior written permission of Matilda Health Pty Ltd 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 Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application, which are freely available for re-use or are in the public domain.
Privacy
(a) Matilda Health Pty Ltd takes your privacy seriously and any information provided through your use of the Application and/or Services are subject to Matilda Health Pty Ltd's Privacy Policy, which is available at www.matilda.health/privacy
(b) Matilda Health Pty Ltd reserves the right to modify, update, or change its Privacy Policy from time to time. Users will be notified of any material changes to the Privacy Policy and continued use of the Application after such changes constitutes acceptance of the updated Privacy Policy.
(c) Data Collection and Research
By using the Services, you acknowledge and consent that:
De-identified aggregated data may be used for research purposes;
Usage data and outcome measures will be shared with referring healthcare providers;
Individual identifiable data will not be published without explicit consent.
(d) Communications
By using the Services, you consent to receive:
Essential service-related SMS messages;
Platform notifications and reminders;
Marketing communications where explicit consent is provided.
(e) Community Features
Access to community features, including chat platforms and group calls, is provided on a voluntary basis.
Matilda Health Pty Ltd reserves the right to moderate and remove inappropriate content.
Users are responsible for their contributions and understand that peer support and discussions do not constitute medical guidance.
Medical Disclaimer
(a) The Services are for educational and informational purposes only and do not constitute medical advice, diagnosis, or treatment.
(b) Users must seek professional medical advice for health-related decisions.
(c) The Services are not suitable for emergency medical situations.
General Disclaimer
(a) Nothing in the 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.
(b) Subject to this clause, and to the extent permitted by law:
all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
Matilda Health Pty Ltd 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 Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the Application and the Services is at your own risk. Everything on the Application and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Matilda Health Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Matilda Health Pty Ltd) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
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;
the accuracy, suitability or currency of any information on the Application, the Services, or any of its Services related products (including third party material and advertisements on the Application);
costs incurred as a result of you using the Application, the Services or any of the products of Matilda Health Pty Ltd; and
the Services or operation in respect to links which are provided for your convenience.
Limitation of liability
(a) Matilda Health Pty Ltd's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
(b) You expressly understand and agree that Matilda Health Pty Ltd, its affiliates, employees, agents, contributors 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 of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
(c) You expressly acknowledge and agree that Matilda Health Pty Ltd shall not be liable for any loss or damage arising from your failure to comply with these Terms or to take all necessary precautions to ensure that any material you may download or otherwise obtain through your use of the Application is free of viruses or other harmful components.
Competitors
If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Matilda Health Pty Ltd. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Matilda Health Pty Ltd will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by Matilda Health Pty Ltd as set out below.
(b) If you want to terminate the Terms, you may do so by:
providing Matilda Health Pty Ltd with 7 days' notice of your intention to terminate; and
closing your accounts for all of the services which you use, where Matilda Health Pty Ltd has made this option available to you.
Your notice should be sent, in writing, to Matilda Health Pty Ltd via the 'Contact Us' link on our homepage.
(c) Matilda Health Pty Ltd may at any time, terminate the Terms with you if:
you have breached any provision of the Terms or intend to breach any provision;
Matilda Health Pty Ltd is required to do so by law;
the provision of the Services to you by Matilda Health Pty Ltd is, in the opinion of Matilda Health Pty Ltd, no longer commercially viable.
the user fails to pay any fees or charges associated with the Services when due;
(d) Subject to local applicable laws, Matilda Health Pty Ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Matilda Health Pty Ltd's name or reputation or violates the rights of those of another party.
Indemnity
You agree to indemnify Matilda Health Pty Ltd, its affiliates, 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 your content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so; and/or
(c) any breach of the Terms.
Dispute Resolution
15.1. 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).
15.2. 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.
15.3. Resolution:
On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
Within 28 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;
If for any reason whatsoever, 28 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 Australian Mediation Association;
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 precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
The mediation will be held in Perth, Australia.
15.4. 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.
15.5. Termination of Mediation:
If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
15.6. The Parties agree that any legal action arising out of or relating to these Terms must be filed within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Venue and Jurisdiction
The Services offered by Matilda Health Pty Ltd is intended to be viewed by residents of Australia.
In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia, Australia.
Governing Law
The Terms are governed by the laws of Western Australia, 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 Western Australia, 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.
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.