Access Telehealth Terms and Conditions

Medical emergencies

If you require immediate medical attention, call 000 or go to a hospital emergency department. DO NOT USE the Platform if you have or think you may have an emergency or critical condition or symptom, this might include (but is not limited to):

  • severe chest pain
  • heart attack
  • stroke
  • loss of consciousness
  • severe bleeding
  • breathing difficulty

The Platform and Services

  1. Dr Me Pty Ltd (“Access Telehealth”) operates the website located at https://accesstelehealth.com.au/telehealth-specialists-australia-access-specialist/ and other related websites, mobile applications, platforms and an administration team to provide the Services (collectively referred to as “the Platform”). The Platform facilitates access to online telehealth services by providing an interface between you and independent health care professionals (“Health Providers”) who also use the Platform. For the purposes of these Terms, a reference to Access Telehealth includes a reference to the directors, officers, agents and suppliers of Access Telehealth.
  2. Use of the Platform is subject to these terms and conditions (“Terms”) and all applicable laws. The Terms also incorporate Access Telehealth’s Privacy Policy (https://accesstelehealth.com.au/privacy). By continuing to browse or accessing the Platform, payment of the Fee or otherwise receiving the Services you accept and agree to be bound by these Terms and the Privacy Policy. If you do not comply with the Terms, Access Telehealth may, in its absolute discretion, suspend or terminate your access to the Platform and ability to accept the Services.
  3. Access Telehealth provides facilitation services between you and an independent Health Provider (“the Services”). The Services are limited to the use of the Platform. Access Telehealth and its employees, consultants, suppliers, subcontractors or agents are not medical or health professionals and Access Telehealth does not itself provide any medical or health service. Access Telehealth provides the Platform which enables you to access health services from a registered and qualified Health Provider. Any medical or health information provided to you by Access Telehealth has been prepared by the Health Providers and is forwarded to you by Access Telehealth in good faith but without offering or providing medical or health advice. Access Telehealth is not a party to any agreement or arrangement between you and any Health Provider. Access Telehealth does not verify, endorse, recommend or guarantee any Health Provider or any information or advice they provide during a consultation via the Platform. Access Telehealth facilitates the connection for consultations but has no control over the conduct or advice of Health Providers and patients or any other users of the Platform.
  4. In order to use the Services your General Practitioner (“GP”) must upload their referral for you to receive specialist health services (or otherwise request Access Telehealth to upload the referral). You consent to your GP providing us with the referral or details of the referral and acknowledge and agree that this may also require you to:
    1. provide basic information (e.g. name, address, telephone number, Medicare number and set up a password);
    2. have available a computer or smartphone with microphone, camera and video capabilities and internet connection.
  1. The duration of each consultation is up to 60 minutes for an Initial Consultation and up to 30mins for a Follow-up Consultation. Each referral from your GP will have an Initial Consultation. If required, subsequent consultations will be Follow-up Consultations. Neither Access Telehealth nor any Health Provider guarantees that the patient can be diagnosed and a treatment plan finalised within that time period.   In most cases there will not be an option to extend your consultation beyond the above timeframes, however arrangements can be made with the Health Provider to book a further appointment at another time if appropriate. A Health Provider has full discretion to (a) interrupt or re-schedule a consultation; (b) discontinue a consultation; or (c) decline to treat you/the patient, for any reason they consider reasonable.

Fees, Payment and Cancellation Policy

  1. Where a consultation is requested you are required to pre-pay a Subscription fee (the “Fee”) for access to the Platform. Once paid, you will receive a confirmed consultation time.
  1. Payment of the Fee provides access to the Platform and unlimited Specialist consultations for a defined period from the date of your referral. The Fee is non-refundable.
  1. If the Health Provider is unable to join during your planned consultation time, you and Access Telehealth will both endeavour to reschedule to an alternative consultation time. You may request to reschedule a confirmed consultation; however, you are required to provide at least 5 full business days’ notice before your consultation time. At our discretion there may be a Penalty Charge for a late cancellation or no-show and access to the Platform will be suspended until the Penalty Charge is paid in full.
  1. Where events beyond the control of Access Telehealth or you, including but not limited to, documented internet outages or systems failures, Access Telehealth will make reasonable endeavours to facilitate the rescheduling of your telehealth appointment. For the avoidance of doubt, nothing in this clause 9 limits in any way consumer guarantees and rights that may be available to a consumer within the meaning of the Australian Consumer Law (Competition and Consumer Act 2010(Cth)).
  1. Health Providers may also make Medicare claims for services provided via the Platform. Acceptance of these Terms implies your agreement to assign Medicare Benefits to the treating Health Provider at the conclusion of your consultation, consistent with bulk bill voucher DB4E.
  1. Access Telehealth provides various payment methods on the Platform, including but not limited to Stripe (Credit Card)and Direct Deposit. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third party payment processor. By making payment through a third party payment processor, you accept their applicable terms and conditions.
  1. In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to Access Telehealth or its payment processor is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer.

Health Care Disclaimers

  1. Access Telehealth does not guarantee that a telehealth consultation is the appropriate course of treatment for your particular health care problem. The Health Provider has the sole discretion to decide whether a telehealth consultation is appropriate, whether or not to provide any particular service and to determine the health services required. You and your GP should also consider whether a telehealth consultation is appropriate.
  1. In some circumstances a physical examination, blood tests, diagnostic imaging or other tests may be required. These cannot be delivered via a telehealth consultation. If the Health Provider decides that any or all of these are required you are required to arrange with the appropriate person and or company (generally your local GP).
  1. You or your nominated carer consent to information about yourself, your health and your current medications including, but not limited to, the information you divulge as part of the online consultation assessment to be viewed and exchanged by and between Access Telehealth employees and any Health Providers. You understand and agree that this information may be exchanged electronically. Access Telehealth handles your personal information in accordance with its Privacy Policy. You expressly consent to the disclosure of your personal information by Access Telehealth to your chosen Health Provider. Health Providers may or may not have their own privacy policies which you are encouraged to make your own enquiries about. Access Telehealth is not responsible for the use, handling or disclosure of your personal information that is provided to your chosen Health Provider.
  1. Prescriptions are issued entirely at the discretion of the Health Provider. Access Telehealth cannot guarantee a consultation with a Health Provider will result in a prescription being issued.
  1. You agree that any medications prescribed for you by a Health Provider as part of the telehealth service may be issued by the Health Provider electronically to a registered Australian pharmacy for a pharmacist to dispense the medication specified.
  1. Access Telehealth is not responsible for the failure of any third party to deliver medicines to the correct address or within any particular timeframe. You are responsible for signing for packages containing medicines. However, if another person accepts delivery at the delivery address you provide, you will be deemed to have received the medicines. In the event your medicine appears to be damaged, wrongly dispensed or delivery is delayed, you agree to contact the dispensing pharmacy to seek advice and replacement as required.
  1. It is your responsibility to work with your GP and other health professionals about further tests required, medicines supplied and advice given to you through the Platform. Access Telehealth is not liable for damages which arise from your failure to inform your GP or other healthcare professional about treatment or advice you receive from an independent Health Provider accessed through the Platform.
  1. As stated above Access Telehealth and its employees, consultants, suppliers, subcontractors or agents are not medical or health professionals and Access Telehealth does not itself provide any medical or health service. Your health care is provided by your GP and any Health Provider you are connected to through the Platform.

Your Obligations

  1. You agree that to provide all information reasonably requested by Access Telehealth or a Health Provider and warrant that all information which you provide is accurate, compete and up to date.
  1. To take responsibility and keep on top of your health and medical needs, you agree that you will:
    1. contact your own GP immediately if directed to do so, or if your condition changes or your symptoms worsen inform, and keep the Health Provider informed of any side effects or other issues arising from any treatment provided by the Health Provider through the Platform;
    2. work with your GP and any other health care professional about any medical treatment or advice received via the Platform;
    3. where any medication is prescribed by a Health Provider, that you will carefully read all product packaging and patient information supplied with the medication. If your medication appears to be damaged or wrongly dispensed or delivery is delayed, you agree to contact the dispensing pharmacy to seek advice and replacement as required;
    4. if, during a consultation, the Health Provider considers that the patient needs further treatment or examination, you will seek that as soon as possible (and that neither Access Telehealth nor the Health Provider are responsible for following that up);
    5. seek clarification from the Health Provider immediately should you not understand any question asked or any advice given by a Health Provider.
  1. You are responsible for making all arrangements necessary for you to access the Services (including, having access to an internet connection and an appropriate Device with microphone and camera/video capabilities and a browser as appropriate).
  1. You are also responsible for ensuring that all persons who access the Services through your internet connection and/or device are aware of these Terms and other applicable terms and conditions, and that they comply with them.
  1. You acknowledge that Access Telehealth is the owner of all rights, title and interest in and to the Platform, including all intellectual property rights therein, and you agree that you will not modify, edit, copy, reproduce or redistribute any works from the Platform.
  1. You agree that any information, insights or guidance contained on the Platform, whether or not it is published by Access Telehealth is in no way an attempt by Access Telehealth to practice medicine or provide medical or health advice. It is not to be used or relied on for any diagnostic or treatment purposes.
  1. You will only use the Platform in good faith and for its intended purpose, and in compliance with Australian law, including that you will treat the personal information of others in accordance with the provisions of the Privacy Act 1988(Cth) and all relevant privacy legislation and you will not load or publish any material that contains any virus, trojan horse, worm or other programs that have an adverse effect on the Platform, or the hosting infrastructure.

Release of Liability

  1. All Services provided by the Platform are provided on a ‘best endeavours’, ‘as-available’ and ‘as-is’ basis without any warranties of any kind, whether express or implied unless a warranty cannot be contracted out of pursuant to law.
  1. Consultation requests made electronically from this Platform will be forwarded to a Health Provider as soon as possible. Due to the range of third-party networks and innovative technology used for this transmission, Access Telehealth is unable to guarantee a time of arrival of the consultation information for a Health Provider’s attention or guarantee that it will arrive. You acknowledge that the Platform and Services may be subject to delays and limitations inherent in the use of the electronic transmission and Access Telehealth is not responsible for any delay or failure in the arrival of the consultation information.
  1. Access Telehealth does not warrant that the Platform will be uninterrupted or error-free, that defects will be corrected or that the Platform or server that makes it available are free of viruses or other harmful components and outside influences. Access Telehealth makes no guarantees and disclaims any implied warranty or representation about its accuracy, relevance, timeliness, completeness, or appropriateness of any content on the Platform for a particular purpose. Access Telehealth assumes no liability arising from or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Platform.
  1. Access Telehealth is not responsible for any costs or harm incurred by you as a result of fraudulent schemes perpetuated by third parties via the Internet, including any schemes involving phishing websites holding themselves out to be the Platform or phishing emails designed to appear to be sent from Access Telehealth.
  1. To the maximum extent permitted by law, you release and indemnify Access Telehealth from:
    1. all responsibility for health and medical matters including information provided to you about those health and medical matters and acknowledge these are the responsibility of the Health Provider;
    2. any personal injury, mishap or death or any alleged or actual malpractice or negligence by any Health Provider;
    3. your failure to fully answer any questions truthfully, or to provide any information requested by us or a Health Provider; and/or
    4. your use of the Services offered by the Platform.
  1. You agree that Access Telehealth is not liable for any loss, damage, expense or claim arising from damage, loss, injury or death caused directly or indirectly by the Health Provider and you release Access Telehealth from liability for any claim arising from any of those circumstances.
  1. To the maximum extent permitted by law, Access Telehealth shall not be liable for any direct, indirect, special, punitive, incidental, exemplary, contractual, or consequential damages, or any damages whatsoever of any kind, resulting from any loss arising out of or in any way connected with your use of the Platform.
  1. You agree that neither Access Telehealth nor any Health Provider is responsible for loss or damage arising due to you failing to provide true or fully complete information or failing to comply with any of your obligations listed above.
  1. You agree to indemnify, defend, and hold harmless Access Telehealth and any Health Provider from any and all loss, cost, liability, and expense arising from or related to your breach of the Terms.

Australian Consumer Law

  1. Nothing in these Terms or otherwise is intended to exclude or limit the operation of the Australian Consumer Law (as set out in the Competition and Consumer Act 2010(Cth)) or any other laws implying terms, conditions or warranties into contracts for the supply of goods or services which cannot be excluded.  Subject to this clause, and to the fullest extent permitted by law, all implied rights, remedies, guarantees, conditions and warranties are hereby excluded.

Communication and Feedback

  1. Access Telehealth may contact you via the Platform or outside the Platform through text messages or email. You release us from any Liability you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
  1. You communicate privately with the Health Provider via the Platform. You must not use contact details of Health Providers to replicate the Service or the Platform nor seek provision medical services off the Platform.
  1. You are invited to provide feedback on the Services, the Platform and your experience with any Health Provider through the feedback form on the Platform (“Feedback”). This Feedback is not made public but may be used for internal quality assurance. You agree to provide true, fair and accurate information in any Feedback provided. Any intellectual property rights in any Feedback that you provide to Access Telehealth vests with and shall remain Access Telehealth property.

Intellectual Property Rights

  1. The Platform and its entire contents, features and functionality (including but not limited to all information, compilation, organization and display of the content, as well as all software, images, logos, video and audio), are the exclusive property of Access Telehealth and are protected by laws relating to intellectual property. These Terms permit you to use the Platform for your personal, non-commercial use only. You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.

Links and Endorsements

  1. The Platform may contain links to third-party websites. Linked sites are not under the control of Access Telehealth and as such Access Telehealth is not responsible for the content of any linked site. Links are provided as a convenience only, and a link does not imply that Access Telehealth endorses, sponsors, or is affiliated with the linked site. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
  2. Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trade mark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by Access Telehealth. Any views expressed by third parties on the Platform are solely the views of such third party and Access Telehealth assumes no responsibility for the accuracy or veracity of any statement made by such third party.

General

  1. You acknowledge that Access Telehealth reserves the right from time to time to change these Terms and/or Privacy Policy and you agree that these changes will come into effect the next time you use the Platform.  Your continued use of the Platform will constitute acceptance of the updated Terms. You are responsible for informing yourself of any changes to these Terms and/or Privacy Policy. If you do not agree with any changes to the Terms or Privacy Policy, you should immediately cease use of the Platform and Services.
  1. These Terms are not intended to create a partnership, joint venture, employment or agency relationship (except to the extent set out in clause 101 as limited payment collection agent) between the Parties.
  1. Access Telehealth will not be liable for any delay or failure to perform its obligations under these Terms if such delay is due to any circumstance beyond its reasonable control.
  1. If the whole or any part of these Terms is invalid, unenforceable, illegal, void or voidable for any reason, the Terms will be construed and be binding on the parties as if the invalid, unenforceable, illegal, void or voidable part had been deleted from the Terms or read down to the extent necessary to overcome the difficulty.
  1. Any notice given under these Terms must be in writing addressed to Access Telehealth at the email address or postal address at the end of these Terms or to you at the email address or postal address provided by you or your GP when requesting the Services. Any notice may be sent by registered post or email and will be deemed to have been served on the expiry of 4 business days in the case of post, or at the time of transmission in the case of transmission by email.
  1. If any dispute, controversy or claim arises from, or in connection with these Terms (Dispute) between you and Access Telehealth, neither party may commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Institute Victoria to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
  1. The Terms are governed by the laws in force in the State of Victoria, Australia. By visiting and using the Platform and using the Services you unconditionally submit to the jurisdiction of the courts of that State and all courts with jurisdiction to hear appeals from those courts.

For any questions or notices, please contact Access Telehealth at:

Dr Me Pty Ltd

Email: operations@accesstelehealth.com.au

Postal Address: Suite 5, 14 Garden Blvd Dingley Village 3172

Last update: 13 April 2022