Hummingbird Express

Website: www.hummingbirdexpress.com.au

A service of Hummingbird Insight Pty Ltd ABN: 64612454823

Website: www.hummingbirdinsight.com.au

Effective Date: 26/03/2026

Introduction

These Terms and Conditions (“Terms”) govern access to and use of the Hummingbird Express website and services (“Platform”).

Hummingbird Express is a subscription-based online service providing clients with access to validated healthcare professionals (“HCPs”) for the purpose of submitting questions and receiving personalised, experience-based responses.

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.

Nature of the Service

Hummingbird Express provides an agile and cost-effective alternative to traditional market research by enabling Users to submit targeted questions directly to qualified healthcare professionals.

The Platform enables Users to:

1. Select an HCP type (and up to three sub-quotas/specialties).

2. Sub-quota options include Specialty type, Therapy area (where applicable), State and Region.

3. Submit one primary question per request.

4. Include stimulus materials (maximum 2 pages and maximum 2MB file size).

5. Receive responses to your initial question from three (3) HCPs within two (2) business days.

6. Submit up to three (3) additional follow-up / probing questions relating to the original query once responses are received.

7. Both parties are expected to complete any probes following the original question in a timely manner and at the earliest reasonable opportunity. Once an initial response is received each party has up to 1 business day to make or respond to any follow up query.

8. Rate HCP responses upon completion.

It is reasonable to expect an HCP to spend up to twenty (20) minutes per question (including probes). HCPs will be reimbursed for their time according to Fair Market Value (FMV)

If Hummingbird Express does not deliver responses from three HCPs within two (2) business days, the question credit will be refunded to the User’s bundle.

Subscription and Question Bundles

Access to the Platform is via pre-paid subscription bundles. Subscriptions are valid for twelve (12) months from the date of purchase or renewal.

Unused questions expire at the end of the 12-month period and are not refundable or transferable.

Subscription Tiers

All prices are exclusive of GST (where applicable).

Subscribe to a question bundle of your choice to be used within 12 months. Each question will receive a response from 3 suitable HCPs.

Questions must be used within 12 months of subscription or renewal.
*These questions can be used on ALL 3 tiers of HCP.
^These questions can also be used with nurses and other allied health professionals.

Account administration

Each client or team will have one administrator.

Additional question subscriptions can be added and approved by the administrator at any time.

The administrator can add an additional 2 users who will have access to utilise the service. The administrator can change the additional users as needed.

All invoicing will be done via Xero with invoices issued by Hummingbird Insight Pty Ltd.

Question Usage Rules

Questions must be used within twelve (12) months of subscription or renewal.

Once commissioned, you can ask your first question within 1 business day.

• Each question submission and each HCP type selected counts as one (1) question credit.

• Sending the same question to different HCP types counts as one question per HCP type.

• Sending different questions to different HCP types counts separately per question and per HCP type.

• Each question is sent to fresh HCPs.

As the 3 HCPs reply, you will have separate one-on-one chats with each of them.

Follow-up probes (up to three) are included within the original question submission.

Up to three additional follow-up probes relating to the original query are permitted and do not constitute a new question credit. These probes must relate to the original question.

Users may submit questions at any time during their subscription period via hummingbirdexpress.com.au

User Obligations

Users agree that they will:

• Use the Platform for lawful commercial and research purposes only.

• Not submit content that is misleading, defamatory, discriminatory, unlawful, or in breach of any regulatory code.

• Not seek identifiable patient information.

• Not use the Platform for promotional, sales, or direct marketing purposes to HCPs.

• Comply with all applicable pharmaceutical industry regulations and ethical marketing standards.

Users are solely responsible for ensuring their questions comply with Therapeutic Goods Administration (TGA) requirements and Medicines Australia Code of Conduct obligations (where applicable).

Healthcare Professional Participation

HCPs participating on the Platform:

• Are validated by Hummingbird Insight prior to participation.

• Provide responses based on their professional experience and opinion.

• Are reimbursed for their time according to FMV.

• Are not acting as agents, representatives, or spokespersons for Hummingbird Express.

HCP responses represent individual professional opinions only and do not constitute clinical advice, regulatory advice, or endorsement.

Healthcare Professional Verification

Hummingbird Express employs a rigorous verification process to ensure the credibility and reliability of participating healthcare professionals (“HCPs”).

This process includes, but is not limited to:

• Credential validation

• Registration checks (where applicable)

• Professional status verification

• Ongoing database review and quality controls

While Hummingbird Express takes reasonable steps to verify HCP credentials, it does not warrant that responses provided constitute formal medical, legal, or regulatory advice. Responses reflect individual professional opinion based on experience.

Healthcare Professional Reimbursement

HCPs are reimbursed for their time in accordance with Fair Market Value (“FMV”) principles.

Incentive payments are determined in line with industry standards and compliance frameworks.

Documentation supporting FMV methodology is available to clients upon request.

For further information, Users may contact the Hummingbird Insight accounts team.

HCP participation is voluntary and compensated solely for time and professional input, not for promotional endorsement.

No Medical or Regulatory Advice

Hummingbird Express provides access to professional opinion for insight purposes only.

Responses:

• Do not constitute medical advice.

• Must not be used for direct patient care decisions.

• Do not replace formal market research, advisory boards, or regulatory review processes.

• Are not guaranteed to reflect broader market consensus.

Users remain solely responsible for commercial, regulatory, and clinical decisions made based on the responses received.

Confidentiality and Data Protection

Hummingbird Express will:

• Take reasonable steps to maintain confidentiality of User-submitted questions.

• Ensure HCP responses are de-identified.

• Not disclose confidential commercial information to third parties except as required by law.

Users must not attempt to identify individual HCP respondents.

All personal information is handled in accordance with applicable Australian privacy laws.

Platform access controls: Multi-Factor Authentication (MFA) and Role-Based Access Controls (RBAC).

Security Controls: SOC 2 certified and GDPR Compliant. Survey data is transmitted over secure HTTPS/TLS channels, and sensitive information is encrypted in transit and at rest using industry-standard encryption protocols.

Intellectual Property

• Users retain ownership of submitted questions and stimulus materials.

• Hummingbird Express retains ownership of the Platform and its systems.

• Users are granted a limited, non-exclusive licence to use HCP responses for internal commercial purposes only.

• Responses must not be attributed to individual HCPs or reproduced in promotional materials without written consent.

Refunds and Service Guarantee

If three (3) qualifying HCP responses are not delivered within two (2) business days, the applicable question credit will be refunded to the User’s bundle.

No monetary refunds will be provided except where required by Australian Consumer Law.

Limitation of Liability

To the maximum extent permitted by law:

• Hummingbird Express is not liable for any indirect, consequential, or commercial losses arising from use of the Platform.

• Total liability is limited to the value of the relevant subscription purchased.

Nothing in these Terms excludes rights under Australian Consumer Law.

Modifications

Hummingbird Express reserves the right to amend these Terms at any time. Updated Terms will be published on the website and take effect immediately upon publication.

Termination

Hummingbird Express may suspend or terminate access if:

• A User breaches these Terms.

• Content submitted is unlawful or unethical.

• Payment obligations are not met.

Unused questions upon termination are forfeited unless otherwise required by law.

Governing Law

These Terms are governed by the laws of Australia. Any disputes shall be subject to the exclusive jurisdiction of Australian courts.

Nothing in these Terms excludes, restricts, or modifies any guarantees, warranties, or liabilities that cannot be excluded under the Australian Consumer Law.

Confidentiality & Privacy

Confidentiality is guaranteed.

• User-submitted questions and received responses are accessible only to authorised Hummingbird Insight staff for operational, quality control, and adverse event monitoring purposes.

• No other clients, HCPs (outside of those assigned), or third parties have access to submitted content.

• Responses are provided in de-identified format unless otherwise agreed in writing for adverse event reporting purposes.

Users must not attempt to identify participating HCPs unless explicit written consent has been provided.

A copy of our privacy policy can be found at: https://hummingbirdinsight.com.au/static/media/hummingbird-insight-privacy-policy-2017.151bd77d.pdf

Adverse Event Monitoring and Reporting

Adverse Event (“AE”) monitoring and reporting services are available as an optional add-on for an additional fee of AUD $1,000 per year.

This fee covers:

• Compliance training

• Monitoring of submitted content

• Regulatory documentation

• Formal adverse event reporting (where required)

HCPs pre-consent to adverse event reporting processes as part of their participation agreement.

Where an HCP consents to identification for the purposes of adverse event reporting, contact details may be provided strictly for regulatory compliance requirements.

Users acknowledge that:

• If AE monitoring is not purchased, Hummingbird Express will not actively monitor or report adverse events.

• Users remain responsible for their own pharmacovigilance obligations unless the AE service is formally engaged.

Question Design Responsibility

The design, framing, and regulatory compliance of submitted questions is solely the responsibility of the User.

Hummingbird Express:

• Does not provide question design services

• Does not review questions for strategic appropriateness

• Does not provide regulatory pre-clearance

• Does not modify or optimise wording beyond operational formatting requirements

Users are responsible for ensuring submitted questions comply with:

• Therapeutic Goods Administration (TGA) requirements

• Medicines Australia Code of Conduct (where applicable)

• Internal company compliance policies

• Any other applicable regulatory framework

Changes to Terms
We may update these terms at any time by publishing a new version on our website.