Terms of Use — Clinic Online Australia

Effective Date: 20th of March 2024

These Terms of Use ("Terms") govern your use of 'clinic online' and any associated mobile application ("App"), collectively referred to as the "Service," operated by Waterlake Pty Ltd trading at Clinic Online ("Company"). By accessing or using the Service, you agree to be bound by these Terms as well as the Privacy Policy (LINK). If you do not agree to these Terms, please refrain from using the Service.

The service provides you with an interface to connect with an independent health care provider via online telehealth.

1. Use of Service:

You may use the Service for lawful purposes only. You agree to comply with all applicable laws and regulations while using the Service. You are responsible for making any arrangements necessary to access the Service this includes having an appropriate device with camera, speaker and microphone, internet connection etc.

If any persons is using the service with you then you are responsible for ensuring that they are aware of the Terms and Conditions and the Privacy Policy.

2. Eligibility

2.1. You may only use the clinic online Service if you are:
2.1.1. Registered as a Clinic Online user
2.1.2. Are currently in Australia.
2.1.3. Using it for yourself, or for your dependent child.
2.2. If at any time clinic online organisation or the Clinic Online Health care provider establish that you do not meet the above eligibility, or that the Clinic Online service is inappropriate for you, then the Clinic Online Organisation, or the Clinic Online Health provider, may refuse you access to the Service.

3. Account Registration:

You agree to provide accurate and complete information when creating your account and to keep your account credentials secure and not share it.

4. Technical Requirements:

You are responsible for ensuring you have the necessary equipment and internet connection to access the Services. We recommend using a device with a reliable internet connection and a high-quality camera and microphone.

5. Intellectual Property

All content on the Service, including text, graphics, logos, images, and software, is the property of Company or its licensors and is protected by intellectual property laws. You may not use, reproduce, distribute, or modify any content from the Service without prior written consent from Company.

6. Responsible Use of Clinic Online Service

This section outlines acceptable and unacceptable behaviour's while using the Clinic Online Service. By agreeing to these terms, you commit to responsible participation.

Acceptable Use:

6.1. Purpose: Utilize the Service only for its intended purpose - facilitating telehealth consultations.
6.2. Respectful Conduct: Interact with other users and Clinic Online Health Provider with courtesy and respect.

Unacceptable Use:

6.3. Disrupting the Service: Avoid actions that hinder, damage, or impair the functionality of the Service or its related systems.
6.4. Unauthorized Access: Refrain from attempting to gain unauthorized access to any part of the Service, its systems, or networks.
6.5. Harmful Content: Do not upload or transmit any unlawful, infringing, defamatory, or harmful content.
6.6. Impersonation: Abstain from impersonating any individual or entity while using the Service.
6.7. Illegal Activities: Avoid using the Service for any illegal or unlawful purpose or encouraging others to do so.
6.8. Reputation Damage: Avoid actions that could damage the reputation of the Service, App, Website, or Clinic Online Health Provider.
6.9. Recording Consultations: Recording consultations provided through the Clinic Online Service is strictly prohibited.

Consequences of Violation:

Violating these terms may result in temporary or permanent suspension of your access to the Service.

Remember, Clinic Online is a platform connecting patients and health professionals. Adhering to these guidelines fosters a safe, respectful, and beneficial environment for everyone involved

7. Clinic Online Service and Medical Disclaimer

7.1. What We Provide:

7.1.1. The Clinic Online app and website are designed for patients and health Provider to conduct telehealth consultations.
7.1.2. We facilitate these consultations by providing booking, billing systems, and medical record storage.

7.2. Important Disclaimers:

7.2.1. We do not provide medical services ourselves. Clinic Online and its employees, consultant, supplies, subcontractor, or agents are not medical or health professionals. Clinic online does not itself provide any medical or health service. Clinic online provides
7.2.2. the Service which enables you to access health services from a registered and qualified health provider. These are solely offered by independent Clinic Online Health Provider using our platform.
7.2.3. We reserve the right to modify or suspend any part of our service without notice. We are not liable for any consequences arising from such decisions.

7.3. Medical Services:

7.3.1. Clinic Online Health Providers are entirely responsible for all medical services they deliver through our platform. This includes assessing your suitability for telehealth and maintaining proper medical records. Our healthcare providers have the sole discretion to determine if a telehealth consultation is suitable for your need.
7.3.2. We cannot guarantee the quality of medical services offered by individual health care providers, nor do we endorse any specific Health Provider.
7.3.3. 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
7.3.4. Clinic online does not verify, validate, endorse, recommend or guarantee any Health Provider or any information or advice they provide during a consultation via the Service.
7.3.5. Any medical or health information provided to you by Clinic Online has been prepared by the Health Providers and is forwarded to you by Clinic Online in good faith but without offering or providing medical or health advice.
7.3.6. Clinic Online is not a party to any agreement or arrangement between you and any Health Provider. Clinic Online 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 service.

7.4. Specialist services:

7.4.1. All the above (6.3) apply to our specialist services.
7.4.2. To use our specialist services, you must provide us with a referral from your general practitioner (or alternatively get a referral from a Clinic Online GP).
7.4.3. You consent to your GP providing us with the referral and acknowledge that this may also require you to provide some personal information including but not limited to name, address, telephone number, medical history.
7.4.4. You consent to our specialists communicating with your general practitioners, other specialists and allied health workers in order to:
7.4.4.1. Get more information to assist in your treatment.
7.4.4.2. Inform them regarding the consult undertaken including diagnosis and management plan and any changes undertaken to your current treatments.
7.4.5. have available a computer or smartphone with microphone, camera and video capabilities and internet connection.
7.4.6. All consultation times are set by our specialist doctors and are dependent on each specialist. As a guide the initial consultation is longer than follow up consults.
7.4.7. Follow up consultations will be decided between yourself and the specialist. Clinic Online does not guarantee that the patient will be diagnosed and management/treatment plan will be finalised in the time provided.
7.4.8. Once a consultation has started you will be unable to extend the timeframe – unless the specialist provider approves. When more time is required, arrangements can be made with the Health Provider to book a further appointment at another time if appropriate.

7.5. Telehealth Limitations:

7.5.1. While convenient, telehealth consultations are not replacements for in-person medical care.
7.5.2. You acknowledge that telehealth consultations may not be appropriate for all conditions
7.5.3. Physical examinations are unfortunately not a possibility with telehealth consults which can affect the ability to clearly and safely diagnose patients. The health care provider will base their management on clinical judgment and request further investigations or assessments if needed. Clinic Online is not responsible or liable for any of these decisions or reviews.
7.5.4. Telehealth consultations may sometimes recommend transitioning to an in-person appointment for further evaluation.
7.5.5. Any services provided are based on "if available" without any Warranties. We do not warrant that the services will be uninterrupted or error free.
7.5.6. For urgent medical needs, always contact your local emergency services.
7.5.7. Clinic Online cannot guarantee that a telehealth consultation is appropriate for your medical needs. The health provider would be deciding this and referring you appropriately.
7.5.8. Due to the nature of telehealth, there may be a rare occasion where there may be interruptions during the consult or in providing optimal telehealth service. Clinic Online makes no guarantees and is not liable for any delays, interruptions or failures.

By using the Clinic Online Service, you acknowledge and agree to these terms and limitations. Remember, we are a platform, not a healthcare provider. Please prioritize your health and well-being by seeking appropriate medical attention whenever necessary.

8. Third-Party Links:

The Service may contain links to third-party websites or services. Company does not endorse or assume any responsibility for the content or accuracy of any third-party websites linked to from the Service. You access and use third-party websites at your own risk. Any views expressed by the third party are solely the views of the third party and not associated to Clinic Online.

9. Fees

9.1. Every time you see a Clinic Online health provider you will be charged a fee. This fee will vary dependant on the type of health provider you are seeing and the duration of the consult.
9.2. Clinic Online services charges you on behalf of the Clinic Online health provider. The fee is predetermined between the Clinic Online Service and the Clinic Online health provider.
9.3. You will be advised about the fee structure prior to your consult. Clicking "accept" indicates you agree to the fees.
9.4. Any fees incurred while receiving the services from Clinic Online eg: internet connection fees, mobile data fees, phone charges etc are not the responsibility of the Clinic Online Service.
9.5. If you cancel an appointment with a specialist with less than 24 hours' notice you will be charged a cancellation fee which will be 50% of the fees applicable.
9.6. Where events beyond the control of Clinic Online or you, including but not limited to, documented internet outages or systems failures, Clinic Online will make attempt to facilitate the rescheduling of your telehealth appointment. For the avoidance of doubt, nothing in this clause 8.5 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 – see below

10. Australian Consumer Law and Consumer Guarantees:

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement.

11. Privacy:

Please refer to Clinic Online' privacy policy

12. Disclosure of Information:

You acknowledge and agree that Company may disclose your information in accordance with its Privacy Policy

13. Intellectual Property Ownership and User Limitations

This section clarifies the ownership and limitations regarding intellectual property within the Clinic Online Service.

13.1. Ownership

13.1.1. All rights, title, and interest in the Service, including all intellectual property rights, belong solely to the Company

13.2. User Limitations:

13.2.1. Your authorization to use the Clinic Online Service is confined to specific terms and conditions outlined. You cannot share this access or alter the service itself.
13.2.2. You are strictly prohibited from any actions that infringe, attempt to infringe, or are likely to infringe, any intellectual property associated with the App and Website. This includes, but is not limited to:
• Copying, modifying, or distributing any content without prior written permission.
• Reverse engineering, decompiling, or disassembling the App or Website.
• Creating derivative works based on the Service's intellectual property.
• Using the Service's branding or trademarks without authorization.

14. User Responsibility, Liability, and Indemnification

14.1. Your Responsibility:

14.1.1. You are fully responsible for your use of and access to the Clinic Online Service. This includes ensuring others do not access the service under your name.
14.1.2. We are not liable for any loss, claim, or legal proceeding arising from your use of the service.
14.1.3. You are responsible for ensuring that you treat any personal information in accordance with the Privacy act 1988.
14.1.4. You are responsible for providing us true, up to date and complete information and following any instructions given to you by the health care provider. Failing to do so indemnifies Clinic online and the health care provider against any loss or damage incurred due to the above.

14.2. Indemnification

14.2.1. You agree to indemnify us against any loss including but not limited to injury, mishap or death, claim, or legal proceeding related to your use of the service.
14.2.2. Clinic online is not liable for any delay or failure to perform its responsibilities under these Terms, if the delay is due to conditions beyond reasonable control.

15. User's Rights and License to Use the Website

Subject to these Terms, Company grants you a limited, non-exclusive, non-transferable license to access and use the Service for your personal and non-commercial use.

16. Confidentiality

16.1. You acknowledge and approve that we will store your personal information, including your Patient Record and medical history to provide you with the Clinic online Service.
16.2. We will collect, manage and deal with your information in accordance with:
16.2.1. any applicable privacy laws, including laws relating to health information.
16.2.2. our Privacy Policy.
16.3. You consent to us using your information for the purposes of:
16.3.1. providing medical services to you through the Clinic Online Service (including disclosing your Patient Record to registered Clinic Online Health Provider and approved officers when required); and for improving the Clinic Online Service.
16.4. You consent to the information you divulge as part of the online consultation assessment to be viewed and exchanged by and between Clinic Online employees and any Health Providers deemed important. You recognise and acknowledge that this information may be exchanged electronically.
16.5. Clinic Online is not responsible for the use, handling or disclosure of your personal information that is provided to your chosen Health Provider.
16.6. Clinic Online may contact you via email or text message for a variety of reasons, by signing the terms and conditions you agree to be contacted via email, text message and phone if necessary.

17. The consult and follow up:

You are responsible for providing Clinic Online and the health care provider with the full, up to date and correct information needed to allow the health care provider to perform a successful consult. Clinic Online, its employees, consultants, suppliers, subcontractors or agents are not Health care providers. Clinic online on its own does not itself provide any medical or health service. Once connected your health care provider is responsible for any health care enquire that you may have. The duration of the consult is entirely dependent on the patient and Health care provider. We recommend consulting with your primary care physician for any ongoing medical conditions.

17.1. Prescriptions/radiology/pathology requests/medical certificate/referral:

17.1.1. Providing the patient with any of the above requests is entirely at the discretion of the health care provider and their clinical judgement. Clinic Online cannot guarantee that a health provider will provide the patient with any of the above.
17.1.2. Clinic Online is a paper free clinic and any of the above requests will be sent electronically to the patients.
17.1.3. You are responsible to ensure that you read the medication CMI of any prescriptions provided.
17.1.4. Clinic Online is not responsible for the costs of any prescriptions provided or for any investigations that you are referred for.
17.1.5. You are responsible to ensure you a) perform the investigation and b) follow up on the investigation results.

17.2. You are responsible to seek out any additional medical advice including examination or treatment if requested by the Clinic Online health care provider
17.3. You are responsible for ensuring appropriate follow up with your local general practitioner and health professionals. Clinic Online is not responsible for your follow up with your GP and other professionals. If your condition changes or deteriorates you are responsible to seek out urgent medical care yourself.
17.4. You are responsible to inform any of your other health care professionals regarding any advice or treatment you may have or have not received from a Clinic Online health care provider.

18. Governing Law:

These Terms shall be governed by and construed in accordance with the laws of the state of Victoria, Australia

19. Changes to Terms

Company reserves the right to modify or amend these Terms at any time. Any changes to these Terms will be effective immediately upon posting. Your continued use of the Service after any such changes constitutes acceptance of the revised Terms.

20. Severability:

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be severed, and the remaining provisions shall remain in full force and effect.

21. Entire Agreement

These Terms constitute the entire agreement between Company and you regarding the subject matter hereof and supersede all prior or contemporaneous agreements, representations, warranties, and understandings.

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.