Terms of Service - Your Online Consultation Guidelines

Terms of Service

Instant Consult is an app and website that allows health practitioners and patients to participate in telehealth consultations by videoconference. We provide the service that allows patients to request and “attend” consultations with health practitioners who also use the Instant Consult Service. We also provide the software, which gives registered health practitioners and approved officers the ability to record and review consult notes and medical documents.

By using the Instant Consult Service, you agree to the following terms of use.

Terms of Use

Definitions
1. Instant Consult Health Practitioner means a health practitioner who provides medical consulting services through the App and Website.
2. App means the Instant Consult software app developed by us for providing the Instant Consult Service.
3. Website means the Instant Consult website developed by us for providing the Instant Consult Service.
4. Instant Consult Service means the services provided through the App and Website, including booking, billing and medical consultation services.
Application of Terms
1. These Terms of Use apply to any person who downloads the App, visits the Website and uses the Instant Consult Service.
2. If you do not agree with these terms of use, you must not use the Instant Consult Service.
Eligibility
1. You may only use the Instant Consult Service:
  1. for yourself, or for your dependent child; and
  2. if you are registered as an Instant Consult user.
2. If we, or an Instant Consult Health Practitioner determine that you are ineligible to use the Instant Consult Service, or that the Instant Consult Service is inappropriate for you, then we, or the Instant Consult Health Practitioner, may refuse you access to the Instant Consult Service.
Services Provided
1. We provide the App and Website for use by patients and health practitioners to conduct telehealth consultations.
2. We provide services that allow the telehealth consultations to occur, such as booking, billing systems and medical record storage.
3. We do not provide medical services. These are provided by the independent Instant Consult Health Practitioners who have elected to use the Instant Consult Service.
4. We may terminate, cancel or suspend any part of the Instant Consult Service at any time without notice. We are not liable for any loss or claim arising from such a decision.
Medical Services
1. Instant Consult Health Practitioners are responsible for all medical services they provide through the Instant Consult Service, including assessing the suitability of the Instant Consult Service for your medical issue and keeping adequate medical records.
2. As such, we do not:
  1. warrant or guarantee the quality of any medical services provided through the Instant Consult Service; or
  2. endorse any particular Instant Consult Health Practitioner.
Telehealth Services
1. Telehealth services provide a convenient and easy way to access medical services, however telehealth is not a substitute for in person medical consultations.
2. In some cases, the outcome of a telehealth consultation may be that you need to attend an in person consultation.
3. If you require urgent medical attention, you should contact your local emergency services.
Acceptable Use
1. You must use the Instant Consult Service:
  1. only for the purpose for which it was designed; and
  2. in a manner that respects other users and Instant Consult Health Practitioners.
2. You must not use the Instant Consult Service:
  1. for any illegal or unlawful purpose; or
  2. to encourage any other person to do any of those things; or
  3. in a way that damages, or is reasonably likely to damage, our reputation, or the reputation of the App, Website or Service.
3. You must not record any consultation provided through the Instant Consult Service.
Fees
1. For each consultation provided through the Instant Consult Service you will be charged a fee as determined between us and the Instant Consult Health Practitioner.
2. We are the agent of Instant Consult Health Practitioners for the purposes of billing. We will charge you on the Instant Consult Health Practitioner’s behalf.
3. Unless clearly stipulated, services provided through the Instant Consult Service do not
  attract Medicare benefits. For each consultation you will be liable for the whole of the fee.
4. We are not responsible for any fees you incur in receiving services through the Instant Consult Service (e.g. internet connection or mobile data fees).
Termination of Service
1. We may terminate, limit or suspend your use of the Instant Consult Service at any time.
2. If we terminate your use of the Instant Consult Service in accordance with these terms of use, we will continue to retain and deal with your information in accordance with any applicable legislation.
3. We will maintain a termination procedure for you to terminate your use of the Instant Consult Service.
4. You may terminate your use of the Instant Consult Service by following the termination procedure we have in place at the time of termination.
5. You may not terminate your use of the Instant Consult Service if you have any fees outstanding for your use of the Instant Consult Service.
6. If you terminate your use of the Instant Consult Service, you will remain liable for any fees incurred prior to termination.Instant Consult Health Practitioners are responsible for all medical services they provide through the Instant Consult Service, including assessing the suitability of the Instant Consult Service for your medical issue and keeping adequate medical records.
Intellectual Property
1. We are the owners, or licensees, of all intellectual property in the App and Website.
2. Nothing in this agreement has the effect of transmitting any of our intellectual property in the App and Website to any other person.
3. You are granted a limited right to use the Instant Consult Service in accordance with these terms of use.
4. You must not do anything that infringes, attempts to infringe, or is reasonably likely to infringe, any intellectual property in the App and Website.
Confidentiality
1. You acknowledge that we will store your information, including your Patient Record, in order to provide you with the Instant Consult Service.
2. We will collect, manage and deal with your information in accordance with:
  1. any applicable privacy laws, including laws relating to health information; and
  2. our Privacy Policy, which is available at instantconsult.com.au.
3. You consent to us using your information for the purposes of:
  1. providing medical services to you through the Instant Consult Service (including disclosing your Patient Record to registered Instant Consult Health Practitioners and approved officers when required); and
  2. for improving the Instant Consult Service.
Liability and Indemnity
1. You acknowledge and agree that:
  1. you are responsible for your use of, and access to, the Instant Consult Service;
  2. you are responsible for ensuring that others do not access the Instant Consult Service in your name;
  3. we are not liable for any loss, claim or proceeding relating to your use of the Instant Consult Service.
2. You agree to indemnify us against any loss, claim or proceeding relating to your use of the Instant Consult Service except to the extent that the liability, loss, claim or proceedings are attributable to our acts or neglect, or the acts or neglect of those for whom we are legally liable.
Disputes/Complaints
1. If you have any dispute or complaint arising out of your use of the Instant Consult Service, you may notify us by:
  1. sending an email to legal@instantconsult.com.au; or
  2. calling 1300 003 310.
2. If your dispute or complaint relates to matters for which we are responsible, then:
  1. you must notify us of the nature of the dispute as soon as practicable;
  2. our nominated representative will discuss the dispute with you; and
  3. if that discussion fails to resolve the issue, then the matter shall be referred to an independent third party selected by agreement between you and us or, in the absence of agreement, by the President of the Queensland Law Society.
3. The expert must make a decision on the dispute. Both parties are bound by the expert’s decision.
4. The cost of the expert will be equally shared between the parties.
5. You may not commence any proceedings against us in any Court or Tribunal unless the process for resolving disputes with us has been followed.
6. If your dispute or complaint relates to matters for which an Instant Consult Health Practitioner is responsible, we may refer the complaint to them.
7. You acknowledge that we have no other responsibility for resolving complaints relating to matters for which an Instant Consult Health Practitioner is responsible.
Medical Services
1. These terms of use are governed by the laws of Queensland.
2. Any invalid, unenforceable or illegal part of these terms of use is to be treated as being omitted from the terms of use. The remaining terms of use continue to apply.
3. You may not assign or transfer any rights under these terms of use without our written consent.
4. These terms of use comprise the entire agreement between you and us in relation to your use of the Instant Consult Service.
Disclaimer
1. This Agreement is only between You and Instant Consult, and no contractual relationship exists between You and CW Retail Services Pty Ltd (ACN 606 509 791) or any of its ‘associated entities’ (as that term is defined in section 50AAA of the Corporations Act 2001 (Cth) (together, “Chemist Warehouse”).
2. The Instant Consult Service, the App, the Website, the introduction of You to an Instant Consult Health Practitioner, and any other goods or service in connection with any of the foregoing are provided to You by Instant Consult pursuant to the Instant Consult Terms & Conditions, and not by Chemist Warehouse.
3. To the maximum extent permitted by law, You agree that Chemist Warehouse will not be liable, and You release Chemist Warehouse and each of its shareholders, directors, officers, employees, agents and contractors from any liability in respect of any loss, damage, expense, cost or claim by or against You or Your Related Parties (whether contractual, tortious, statutory or otherwise) for any direct or indirect, special, incidental or consequential damage or injury, including but not limited to any loss of profits, contracts, revenue or data arising out of or in connection with the provision of the Instant Consult Service, the App, the Website or the provision of any other goods or services under this Agreement, and whether as a result of negligence, breach or default or otherwise by Chemist Warehouse, or any of its shareholders, directors, officers, employees, agents and contractors.
4. Except where otherwise stated, defined terms in the above paragraphs have the meaning given to them in the Instant Consult Terms and Conditions.