Commitment Plan terms and conditions

CIRCL TECHNOLOGIES PTY LTD (ACN 686 944 025) trading as CIRCL.

These Commitment Plan Terms and Conditions (Commitment Plan Terms) apply when you choose a CIRCL Commitment Plan with a minimum commitment of 3, 6 or 12 month Program Periods.

These Commitment Plan Terms form part of your agreement with CIRCL and must be read together with CIRCL’s general Terms and Conditions and Privacy Policy. The general Terms and Conditions continue to apply except to the extent these Commitment Plan Terms expressly provide otherwise.

Capitalised terms used but not defined in these Commitment Plan Terms have the meaning given to them in CIRCL’s general Terms and Conditions.

1. Commitment Plans

1.1 A Commitment Plan allows you to access discounted Commitment Pricing in return for agreeing to complete a Minimum Commitment Period.

1.2 The available Minimum Commitment Periods may include 3, 6 or 12 month Program Periods. The options available to you will be displayed before you enrol.

1.3 A Program Period is the recurring treatment and billing period applicable to your selected program. Where the program operates on a 28-day cycle, each Program Period is 28 days and may be referred to as a “month”; it is not a calendar month.

1.4 Before you enter a Commitment Plan, we will clearly disclose the applicable Commitment Price, payment frequency, Minimum Commitment Period and minimum total cost. Prices described as “starting from” are minimum prices and your actual program price will be confirmed before you are charged.

1.5 A Commitment Plan is a financial and program commitment only. It does not guarantee that any particular treatment, Medication or dosage will be prescribed, supplied or remain clinically appropriate. All treatment and prescribing decisions remain subject to ongoing clinical assessment and the independent professional judgment of your Practitioner.

2. Payment

2.1 Depending on the option offered, you may:

• pay the full Commitment Plan amount upfront; or

• pay the discounted Commitment Price by scheduled payments over the Minimum Commitment Period.

2.2 For an upfront Commitment Plan, the full amount is charged at the beginning of the plan. Treatment and Medication are not supplied all at once and will be supplied progressively in accordance with your treatment schedule and ongoing clinical suitability.

2.3 For a scheduled-payment Commitment Plan, you agree to make the scheduled payments associated with your selected Minimum Commitment Period, subject to your cancellation rights below.

2.4 If a scheduled payment fails, CIRCL may pause future processing and delivery until the outstanding payment is resolved. A failed payment or removal of a payment method does not itself cancel your Commitment Plan.

3. Cancelling Early - Scheduled-Payment Commitment Plans

3.1 You may request to end your Commitment Plan before completing the Minimum Commitment Period.

3.2 If you cancel for a reason other than clinical unsuitability, the Commitment Plan discount will be removed from the completed Program Periods you have already received. This is the Early Cancellation Adjustment.

3.3 The Commitment Discount Recalculation is calculated as follows:

(Standard Flexible Monthly Price - Commitment Price Paid) x number of completed Program Periods

3.4 Once the Commitment Discount Recalculation and any other amount already properly due has been paid, you will not be required to make further Commitment Plan payments. You will not be charged for remaining unused Program Periods solely because you cancel early.

4. Cancelling Early - Upfront Commitment Plans

4.1 If you cancel an upfront Commitment Plan before completing the Minimum Commitment Period for a reason other than clinical unsuitability, the completed Program Periods will be recalculated at the applicable Standard Flexible Monthly Price rather than the discounted Commitment Price.

4.2 Any eligible refund will be calculated as follows:

Amount Paid Upfront - (Standard Flexible Monthly Price x completed Program Periods)

4.3 If the resulting amount is greater than $0, that amount will be refunded to you. This means the discount applied to completed Program Periods is reversed (or “clawed back”) when you cancel early. If the recalculated amount is $0 or less, no refund is payable and CIRCL will not charge an additional amount above the original upfront payment solely under this calculation.

5. Clinical Cancellation

5.1 If a Practitioner determines that continuing your treatment is no longer clinically appropriate:

• future scheduled Commitment Plan payments will stop;

• no Commitment Discount Recalculation will apply;

• discounts already received will not be clawed back; and

• if you paid upfront, any eligible undelivered portion of your plan will be refunded using the discounted Commitment Plan rate.

5.2 A clinical cancellation must be based on the clinical decision of an appropriately qualified Practitioner.

6. Changes to Treatment, Medication or Dosage

6.1 Your treatment, Medication or dosage may change where clinically appropriate and at the independent discretion of your Practitioner.

6.2 A change in Medication or dosage may result in an increase or decrease in your program price. We will tell you the new price before charging you and ask you to confirm that you accept it before the new amount is charged.

6.3 If you accept the new price, any applicable Commitment Plan discount will continue to apply to the changed program price, to the extent applicable.

6.4 If you do not accept a materially higher price resulting from a Practitioner-recommended treatment or dosage change, you may end the Commitment Plan with an Early Cancellation Adjustment. Any eligible upfront balance will be refunded in accordance with these Commitment Plan Terms and CIRCL’s general Terms and Conditions.

7. Orders, Dispensing and Cancellation

7.1 To stop an upcoming order or payment, your cancellation request must be received before the order has entered processing or dispensing. The scheduled processing date will be shown in your CIRCL account or otherwise communicated to you.

7.2 Cancellation does not reverse an order that has already been dispensed by a Pharmacy. Once prescription Medication has been dispensed, amounts relating to that Medication are generally non-refundable except where required by the Australian Consumer Law or another applicable law.

8. Pausing a Commitment Plan

8.1 Where CIRCL permits a Commitment Plan to be paused, the pause does not count towards completion of the Minimum Commitment Period. Remaining Program Periods resume when the program resumes, subject to continued clinical suitability. No new Medication will be supplied during a valid pause.

9. Completing Your Commitment Plan

9.1 Completing a Commitment Plan does not automatically place you into another Minimum Commitment Period.

9.2 Unless you choose another Commitment Plan, your Subscription will automatically move to the applicable Flexible Monthly arrangement after the Minimum Commitment Period.

9.3 We will notify you thirty (30) days before the end of your Minimum Commitment Period that your Subscription will move to a Flexible Monthly arrangement and advise you of the applicable price. You may cancel your Subscription before the Flexible Monthly arrangement takes effect.

10. Promotions

10.1 Commitment Plan discounts cannot be combined with another discount or promotional offer unless CIRCL expressly states otherwise. Discounts are personal to the patient and cannot be transferred or resold.

11. Australian Consumer Law

11.1 Nothing in these Commitment Plan Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or another law where that guarantee, right or remedy cannot legally be excluded.

12. Relationship with CIRCL General Terms and Conditions

12.1 CIRCL’s general Terms and Conditions continue to apply to your use of the Website, Platform and Services and to your Commitment Plan.

12.2 These Commitment Plan Terms supplement the general Terms and Conditions. If there is any inconsistency between these Commitment Plan Terms and the general Terms and Conditions specifically in relation to a Commitment Plan, these Commitment Plan Terms will apply to the extent of that inconsistency.

12.3 The Commitment Plan Terms accepted by you when you enter a Commitment Plan will apply for the duration of that Minimum Commitment Period. CIRCL will not retrospectively impose a materially less favourable term on an existing Commitment Plan unless required by law or you agree to the change.