These Terms & Conditions (“Terms & Conditions”) are entered into by and between the person identified in the Account (“you”, “your”) and 13 DOCTOR.
You acknowledge agree that before you can accept these Terms & Conditions you must register a user account with 13 DOCTOR, which registration requires the entry of personal data, address, date of birth, a mobile telephone number, an email address and a credit or debit card number (“Account”).
These Terms & Conditions apply to your access to and use of the various platforms, websites, contents, products, and services that 13 DOCTOR makes available to you (as varied by us from time to time) (“Services”).
The Services are made available to you by 13 DOCTOR. We may rely on our affiliates and select third parties to assist us in making the Services available.
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
By clicking “I ACCEPT” below you agree to be bound by these Terms & Conditions, which establishes a contractual relationship between you and 13 DOCTOR. If you do not agree to these Terms & Conditions, you may not access or use the Services. These Terms & Conditions expressly supersede any prior agreements or arrangements with you. 13 DOCTOR may immediately terminate these Terms & Conditions or any services at any time for any reason.
OUR SERVICES ARE NOT INTENDED FOR USE IN EMERGENCY SITUATIONS. IF YOU REQUIRE IMMEDIATE, URGENT OR EMERGENCY TREATMENT, CALL TRIPLE ZERO (000) AND ASK FOR AN AMBULANCE OR ATTEND THE NEAREST HOSPITAL EMERGENCY CENTRE.
- 1.1. Our Services offer an online platform to facilitate medical consultations via audio-video-conference with third party Australian registered General Practitioners under agreement with 13 DOCTOR (“Doctor”).
- 1.2. The Doctors conduct medical consultations by examining and taking a person’s medical history via audio-video-conference and are not able to conduct physical examinations, tests or checks in the same way as when a person attends a doctor’s surgery or hospital in person (“Consultation”).
- 1.3. The Services may include:
- an online platform for enquiries about Consultations, including its suitability in relation to a particular condition, illness or injury;
- an online booking platform for Consultations; and
- the provision of an online audio-video-conference platform for Consultations.
- 1.4. Consultations cannot be used for emergency or life-threatening conditions, illnesses or injuries. If you need emergency assistance, please call triple zero (000) for immediate help.
- 1.5. Some conditions and circumstances will not be appropriate for Consultations. The Doctors will determine this on a case by case basis in the Doctor’s complete discretion. You agree to contact your primary physician or doctor immediately should your condition change or your symptoms worsen.(a) an online platform for enquiries about Consultations, including its suitability in relation to a particular condition, illness or injury;
YOU ACKNOWLEDGE THAT 13 DOCTOR DOES NOT PROVIDE MEDICAL CONSULTATIONS OR FUNCTION AS A MEDICAL PRACTITIONER AND THAT ALL SUCH CONSULTATIONS OR MEDICAL SERVICES ARE PROVIDED BY THIRD PARTY DOCTORS WHO ARE NOT EMPLOYED BY 13 DOCTOR OR ANY OF ITS AFFILIATES. 13 DOCTOR IS NOT A MEDICAL SERVICES PROVIDER. 13 DOCTOR DOES NOT GUARANTEE THE AVAILABILITY OF THE SERVICES OR ANY OTHER SERVICE, ON-TIME CONSULTATIONS, OR ANY OTHER SERVICES RELATED TO THIRD PARTY CONTRACTORS THAT MAY BE OBTAINED VIA THE 13 DOCTOR SERVICES.
- 2.1. You acknowledge and agree that:
- the relationship between you and the Doctor, in relation to a Consultation is directly between you and the Doctor. Our role in relation to a Consultation is limited to the provision of an electronic medium through which you and the Doctor can interact with each other via audio-video-conference;
- the Doctors are not our employees, representatives or agents;
- we do not guarantee that the Services are always accurate, error or defect-free, uninterrupted or reliable, or that they will be compatible with any of your other systems or services, and we make no representations or warranties as to the timeliness, accuracy, suitability, quality, speed or completeness of any information, content, products or services available via the Services;
- the Services are intended to facilitate communication between you and the Doctors and are not intended to be used for primary record keeping. We recommend Doctors keep their own records and make no representations or warranties as to the accuracy, maintenance or retention of any data; and
- you will maintain and safeguard the privacy and security of all personal or confidential information that you obtain or provide access to in relation to the Services and Consultations.
- 2.2. You agree to comply with any of our reasonable instructions, directions, policies or procedures regarding use of the Services notified to you from time to time by us.
- 2.1. You acknowledge and agree that:
- Representations and warranties
- 3.1. You represent and warrant that:
- you have full power and authority to enter into these Terms & Conditions;
- these Terms & Conditions constitutes a legally valid and binding agreement and is enforceable in accordance with its terms; and
- you have the ability and intend to comply with your obligations under these Terms & Conditions..
- 3.2. The representations and warranties set out in clause 3.1 survives the termination of these Terms & Conditions.
- 3.1. You represent and warrant that:
- 4.1. When you have completed the Account registration process, you may request a booking for a Consultation. We aim, but do not guarantee, booking times, even when these are confirmed to you.
- 4.2. A booking will be for a window of time on an agreed day during which the Doctor will be available to have a Consultation with you (“Booking Window”). We will contact you, usually via SMS and/or email, for the purpose of:
- confirming the Booking Window; and
- providing you with a unique URL address, by which you will have access to the Consultation.
- 4.3. During the Booking Window, you must ensure that you are available to attend the Consultation.
- 4.4. If we agree to facilitate a Consultation for you, we will let you know the minimum technical requirements and recommendations to ensure a high-quality connection is established.
- 5.1. Not all medical conditions are appropriate for Consultations and each proposed consultation must be assessed on a case by case basis.
- 5.2. The Services may not achieve everything that is needed, and it may be necessary for you to attend a face-to-face visit with your primary physician or doctor or attend a further Consultation.
- 5.3. You may elect to cease a Consultation at any time, including during a Consultation.
- 5.4. Neither we nor any other person guarantees that you can be diagnosed, provided with any necessary medical advice, or any treatment plan finalised during a Consultation.
- 5.5. A Doctor has full discretion, for any reason they consider reasonable, to:
- interrupt or re-schedule a Consultation;
- discontinue a Consultation; or
- decline to provide a Consultation to you.
- 5.6. Complex medical problems may not be suitable for Consultations as they may require a longer time than the time typically associated with a Consultation. In most cases it will not be an option to extend your Consultation beyond the initial allocated time, however, arrangements can be made with the Doctor to book a further appointment at another time if appropriate.
- Doctor availability
- 6.1. We do not guarantee that a Doctor assigned to take a Consultation will be available at the appointed time. If a Doctor is unavailable, we will endeavor to source an alternate Doctor and we will notify you as soon as possible in the event that your Consultation is cancelled.
- 6.2. We respect your right to nominate your preference of Doctor (e.g. the gender of the Doctor or the ability to speak a language other than English) and if possible we will accommodate your preferences, but we do not guarantee that we can do so.
The Services may include a facility allowing you to give feedback and make suggestions (“Feedback Facility”). You agree that your use of the Feedback Facility is subject to the following additional terms:
- any feedback, suggestion or material you may provide (“Feedback”) will not be treated by 13 DOCTOR as confidential;
- 13 DOCTOR will own any intellectual property rights in or arising from any Feedback.
- Fees and charges
- 8.1. In consideration for securing a booking for a Consultation, you agree to pay a fee (“Fee”).
- 8.2. Consultations for the following length of time attract the following Fee:
Consultation length Fee - $69.00 flat rate
- the Fee must be paid using an authorised and valid credit or debit card;
- the Fee will be charged to your nominated credit or debit card;
- the Fee must be paid before we secure any booking for a Consultation;
- you must meet the costs associated with any Consultation, including data and usage charges.
- 8.3. There are no set up or ongoing costs associated with completing the Account registration process.
- 8.4. A Consultation will not attract any rebate under either Medicare or private health insurance.
- 8.5. We do not represent, warrant or guarantee that the information collected, displayed or communicated by us is always accurate or complete, including information which relates to the availability, proximity or amount of any Medicare or private health insurance rebate which might apply to any third-party health service. It is your responsibility for confirming such information in your personal circumstances before relying on it.
- Payments and billing
- 9.1. Visa and Mastercard credit and debit cards will attract a 2% processing fee and Amex credit and debit cards will attract a 3% processing fee.
- 9.2. All Fees and charges include 10% GST. “GST” has the meaning in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- 9.3. Tax receipts will be emailed to the email address associated with your Account.
- Changes and cancellations
- 10.1. You may request to change or cancel a booking for a Consultation by emailing [email protected].
- 10.2. Changes to a Consultation time are subject to Doctor availability.
- 10.3. If you have paid the Fee:
- if you do not attend the Consultation during the Booking Window you will forfeit the booking for the Consultation and still be liable to pay the Fee;
- you will only be entitled to a refund of the Fee if you cancel your booking for a Consultation at least 2 hours prior to the time of the Consultation;
- cancellation of Consultations made less than 2 hours prior to the Consultation time incur an administration charge of 50% of the Fee.
- My Health Record
- 11.1. The Services present your health information as stored in your My Health Record.
- 11.2. You are permitted to access the Services on behalf of another person if you are that person’s Nominated Representative as defined by the My Health Records Act 2012 (Cth).
- 11.4. The ability of the Services to access information contained in your My Health Record is subject to our obtaining and maintaining the permission of the System Operator to do so and is governed and may be limited by applicable laws and Commonwealth policies.
- 11.5. The Services reproduces certain aspects of your My Health Record. In enabling access to your My Health Record, we do not alter any information contained in your My Health Record. It is a feed from the My Health Record as administered by the System Operator. If you have any queries, or require any corrections, in relation to the information in your My Health Record, you should direct these to the System Operator.
- 11.6. By accessing your My Health Record through the Services, you consent to us accessing and collecting any personal information contained in your My Health Record on your behalf. You may withdraw this consent at any time by following the prompts in the Services. The System Operator is ultimately responsible for ceasing our access to your My Health Record, and accordingly there may be some delay between the time that you withdraw your consent and activation of your request. We do not control this process and therefore do not accept responsibility for any such delay or related unauthorised access to your My Health Record.
- 11.7. The intellectual property rights in any content that you submit to your My Health Record will be governed in accordance with any separate terms attached to your use of the My Health Record system.
- Dispensing of prescribed medicines
- 12.1. If a script is written after a Consultation, you will be given the choice as to whether you:
- would like to connect to third-party services or products for purposes associated with dispensing scripts and delivering medication to you; and
- wish your own local pharmacist to dispense a script.
- 12.2. We do not endorse these third-party services or products and you should review their corresponding terms and conditions and privacy policies before using any third-party service or product. We accept no liability in relation to third-party services or products.
- 12.1. If a script is written after a Consultation, you will be given the choice as to whether you:
- Accuracy of information provided by you
The effectiveness of any Consultation is dependent on complete and truthful answers to all questions asked to assess the appropriateness of treatments and medications for you. You understand and agree that in any Consultation with a Doctor you must:
- answer all questions asked of you;
- be accurate and fulsome in your answers;
- report any new (since the last consultation with your primary physician or doctor) symptoms or worsening of condition.
- No medical advice other than by Doctor
- 14.1. Any information on or accessed via the Services and any information we provide to you (by whatever means of communication), other than information provided to you by a Doctor in a Consultation, is not intended to be a substitute for medical advice, diagnosis and treatment, or to cure or prevent disease, and is not medical or healthcare advice.
- 14.2. You acknowledge and agree that we are not a medical or healthcare provider and are not liable for any medical or healthcare services. All medical and healthcare related queries should be directed to a Doctor. We do not warrant or represent that any particular medication or treatment (including medication or treatment provided by a Doctor during a Consultation) is safe, appropriate or effective.
- Our Services are not a substitute for ongoing medical care
- 15.1. The Services are not intended to be a substitute for the ongoing involvement of your primary physician or doctor or other medical professional responsible for managing your day-to-day health needs.
- 15.2. We encourage you to schedule follow-up visits with your primary physician or doctor and to record your primary physician’s or doctor’s details during the Account registration process to help facilitate proper holistic management of your conditions.
- Recording of calls and Consultations
- 16.1. The Services records all Consultations and telephone calls with you, including enquiries and bookings, to ensure we maintain our high standards of clinical care, and for verification and training purposes.
- 16.2. While we use systems to protect against privacy and security breaches, it is possible that the recording of a Consultation may be affected by hacking or other security breaches. By accepting these Terms & Conditions, you acknowledge and accept this risk.
- 16.3. You must not record or transmit audio or video of any Consultation provided via the Services without the prior written consent of us and each participating Doctor.
- Transmission of photographs
- 17.1. We or a Doctor may request that you provide a photograph for clinical purposes to assist the Doctor in undertaking a Consultation.
- 17.2. You must inform the Doctor undertaking the Consultation of the date a photograph was taken when sending a photograph, if it was not taken on the same day as it is sent. You must not send us a photograph of any other person other than you or your dependent child.
- 17.3. You must only transmit such images to us as are necessary for the Doctor to provide the Consultation. You must not send images that contain unnecessarily sensitive content which is not required for clinical purposes. You must not send any material that is of a sexual nature or may be considered offensive.
- 17.4. You must take care to follow the instructions provided by the Doctor in transmitting the images to the Doctor undertaking the Consultation, particularly in the context of the risk of inadvertent transfer and disclosure to a third-party.
- 17.5. In transmitting any photograph to the Doctor undertaking the Consultation, you give your express acknowledgement and consent to the disclosure and use of the image by the Doctor for the purpose of the Consultation, and all disclosure and use as reasonably necessary to facilitate that Consultation. For the avoidance of doubt this may include disclosure of the photograph to technical, administrative and other staff supporting the 13 DOCTOR Services.
- 17.6. We may also use de-identified images for training and education purposes to improve the quality of the Services.
- 17.7. When we or the Doctor receive the photograph of you, it will form part of your medical record.
- 17.8. If you send information from a system provided by your workplace, you should also be aware of any policies that allow your employer to view your emails and attached documents and images.
- Access to Services and security
- 18.1. We may change, suspend or discontinue any part of your access to or use of the Services at any time in our sole discretion and without any liability to you.
- 18.2. We may revise, change or modify these Terms & Conditions at any time by making updated terms and conditions available through the Services or through our websites. Continued use of the Services will be deemed acceptance of the updated terms and conditions.
- 18.3. You need to take security seriously when using the Services. If you give anyone your unique 13 DOCTOR website portal link you consent to them accessing the relevant 13 DOCTOR Services on your behalf, including accessing your personal and sensitive information. You must notify us immediately if you become aware of any unauthorised access to or use of your unique 13 DOCTOR website portal link.
- System requirements
Some services available through the 13 DOCTOR Services will require your computer, telephone, internet access, device and associated equipment to meet certain technical levels (“System Requirements”) in order to receive the services. 13 DOCTOR takes no responsibility for problems associated with or arising from your inability to access or receive the services due to your equipment or internet speed not meeting the System Requirements.
- Security, viruses, errors and availability
The internet is an insecure public network which means there are risks that information sent to or from the Services may be intercepted, corrupted or modified by third parties. In addition, files obtained from or through the Services may contain computer viruses, disabling codes, worms or other devices or defects. You bear the risks and responsibility for any loss or damage caused, directly or indirectly, by these risks, and 13 DOCTOR accepts no liability for any interference with, or damage to, your computer system, device, software or data occurring in connection with the Services.
- Disclaimers and acceptable use
- 21.1. You are solely responsible for your use of the Services and for the accuracy and suitability of any information or data that you upload to or record using the Services.
- 21.2. You warrant that you are responsible for your medical affairs and associated recordkeeping and that any medical and treatment decisions made by you are based on independent professional medical advice, diagnosis, treatment or judgment.
- 21.3. You acknowledge and agree the Services, and any information, communications or content you receive from us, are not designed for, and must not be relied upon in relation to, any critical, emergency or acute care circumstances, and are not a suitable replacement for independent professional medical advice, diagnosis, treatment or judgment.
- 21.4. You acknowledge and agree that we are not liable for your care or for any medical, healthcare or other advice (including scripts) given to you by a Doctor.
- 21.5. Consultations are dependent on having a stable, high-speed internet connection to conduct the Consultation. You will be required to be in an area with sufficient lighting. In the event that the video quality is not sufficient for any reason, the Doctor may advise you to terminate the Consultation.
- 21.6. We are not responsible and hereby exclude liability for any injury or condition which may be exacerbated by poor video or voice communications associated with insufficient network quality, lighting, bandwidth, network interruption, congestion or other technical, hardware or software failure.
- 21.7. We do not warrant that any Services or Consultation will be uninterrupted, faultless or error free. The Services and Consultations are dependent on mobile networks and/or the internet which may perform unpredictably at times and which may from time to time prevent access or use of the Services and Consultations. We will try and give prior notice of any planned system maintenance.
We are not liable for, and you indemnify us (and our related bodies corporate and their respective officers, employees and consultants) against any and all claims, actions, proceedings, losses, liabilities and expenses (including legal expenses on a full indemnity basis) in any way arising from or relating to:
- your use of or inability to use the services offered by us;
- any breach of these Terms & Conditions by you;
- any treatment, advice or information provided during a Consultation and any other services provided by a Doctor to you (including any medications prescribed by a Doctor and the quality or suitability of any services provided by a Doctor);
- any personal injury, mishap or death or any alleged or actual malpractice or negligence by any Doctor;
- your failure or refusal to answer any questions truthfully, or to provide any information reasonably requested by us or a Doctor.
- Copyright and trade marks
- 23.1. All intellectual property rights in content on the Services, including (without limitation) text, graphics, information, architecture and coding (including any copyright subsisting in them), is owned by 13 Doctor or licensed to us.
- 23.2. You may access and download the material on the Services where available, but may not, subject to a use for the purposes of private study, research, criticism or review as permitted under the Copyright Act 1968 (Cth), modify, publish, transmit, distribute, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Services content in whole or in part without the prior written permission of the owner of the material.
- 23.3. The Services may contain trade marks owned by 13 DOCTOR and third-parties. You may not display or use in any manner any trade marks featured on the Services without the prior written permission of the trade mark owner.
- Availability and accuracy of information
- 24.1. We do not promise that the Services will always be accurate or defect free, or that they will be compatible with any of your other systems or services. We do not promise anything in relation to the timeliness, accuracy, suitability, quality, speed or completeness of any information, content, products, or services available via any Services, or that the information collected, displayed or communicated by the Services is always accurate or complete.
- 24.2. Because the internet is not a secure environment, we cannot guarantee that the Services are free from viruses or other harmful code, or the security of any information you transmit to or via the Services. Access to and use of the Services is at your own risk.
- 24.3. We are not under any obligation to provide any updates, new releases or maintenance of the Services.
EXCEPT AS EXPRESSLY STATED IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND 13 DOCTOR, ALL CONTENT, SERVICES, PRODUCTS AND SOFTWARE PROVIDED BY US ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. 13 DOCTOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MECHANTABILITY, FITNESS FOR A PARTICULAR PRUPROSE AND NONINFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE PRODUCTS AND SERVICES OFFERED BY US FOR YOUR INTENDED APPLICATION AND USE. WE DO NOT WARRANT THAT THE PRODUCTS AND SERVICES OFFERED BY US WILL MEET YOUR REQUIREMENTS. SUBJECT TO THE TERMS OF ANY SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND 13 DOCTOR, 13 DOCTOR AND ITS RELATED BODIES CORPORATE ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTIAL, OR PUNITIVE DAMAGES, EVEN IF 13 DOCTOR OR ITS RELATED BODIES CORPORATE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. THESE LAWS MIGHT APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- 25.1. Relationship of the parties
Nothing in these Terms & Conditions is to be treated as creating a relationship of joint venture, partnership, franchise, agency, employment or of a fiduciary nature between you and 13 Doctor.
- 25.2. Severance
If any provision of these Terms & Conditions is held to be unlawful, invalid or unenforceable, in whole or in part, under any law, then such provision or part shall be deemed not to form part of these Terms & Conditions but the legality, validity and enforceability of the other provisions in these Terms & Conditions shall not be affected. In that event, the parties shall replace the unlawful, invalid or unenforceable provision or part thereof with a provision or part thereof that is lawful, valid and enforceable and that has, to the greatest extent possible, a similar effect as the unlawful, invalid or unenforceable provision or part thereof, given the contents of these Terms & Conditions.
- 25.3. Entire agreement
These Terms & Conditions constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.
- 25.4. Governing law and jurisdiction
These Terms & Conditions are governed by and will be construed in accordance with the laws applicable in the State of Queensland and the Federal laws of Australia and the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of those courts and courts hearing appeals from those courts.
- 25.1. Relationship of the parties