Terms & Condition
This website www.malehealthdoctors.com.au and the services provided under it are provided by My Direct Doctor Pty Ltd. In this document when we refer to us, our, we, My Direct Doctor or the Practice, we are referring to My Direct Doctor Pty Ltd. When we refer to you, your, client or Patient we are referring you as a user of our services or website. When we refer to Terms we are referring these terms and conditions.
General Terms & Condition
- By visiting our webpage, buying goods from us, contacting us or requesting a service from us, you are agreeing to these Terms.
- We reserve the right to vary these Terms and any linked policies without notice to you by publishing revised terms on the Website. Any revisions are effective as at the time of publication on the Website. You must check regularly to ensure you are aware of any changes.
- By agreeing to these Terms you warrant to us that:
- you are legally capable of accepting these Terms;
- any Personal Information you provide us with is up to date and accurate;
- any content you provide to us is not misleading or inaccurate;
- you will not impersonate any other person;
- you will treat us and our consultants and medical professional with kindness, respect and professionalism;
- you will be truthful and not mislead us;
- you will not infringe any person’s rights, including intellectual property and proprietary rights, rights of confidentiality or contractual rights;
- you will not facilitate or encourage any violations of these Terms or our policies by other Patients or third parties;
- you will not do anything otherwise unlawful or that is or may be subject to civil or criminal penalties.
- To the extent permitted by law, we are not liable for, and you release us from, any liability to you whether arising in breach of contract, negligence or any other cause for:
- errors or omissions in the Website or linked sites;
- delays to, interruptions of or cessation of our service;
- unauthorised or illegal conduct of any third party;
- any consequential loss and (to the extent not already covered by that phrase) loss of data, interruption of business, loss of profits and loss of opportunities in connection with your use (or inability to use) the services;
- any breach of your obligations under these Terms.
- Any guarantee, warranty, term or condition that is implied or imposed into these Terms by legislation and cannot be excluded, then our liability for breach of that guarantee, warranty, term or condition is limited to one or more of the following to the extent permitted by law (at our option):
- in the case of goods, the replacement of the goods or supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
- in the case of services, the re-supply of the services, or the payment of the cost of re-supplying the services.
- We may terminate your access to our services immediately with notice to you. In this event we will refund you any amounts paid in advance for our services and not yet used.
- We will use reasonable endeavours to protect against privacy and security breaches, however you acknowledge and accept the risk that it is possible that Medical Consultations and records may be affected by hacking or other security breaches by malicious third parties that are out of our control.
- We agree that we will comply with applicable privacy and health records laws in providing you a service.
- Any provision of these Terms which is invalid in any jurisdiction must, in relation to that jurisdiction, be read down to the minimum extent necessary to achieve its validity, if applicable; and be severed from this Agreement in any other case, without invalidating or affecting the remaining provisions of this Agreement or the validity of that provision in any other jurisdiction.
- These Terms comprise the entire agreement between you and us in relation to your access to and use of our services.
- Neither these Terms nor any provision of these Terms may be amended, modified, waived, discharged or terminated orally. Any variation must be in writing signed by all parties.
- These Terms will be construed in accordance with the law of the State of New South Wales and the parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts which may hear appeals from them.
Use of Website Only
If you are viewing this website we make no warranty about the information provided on the website and the website is not intended to provide you with medical advice or care. The website only provides information of a general nature only and does not take account of your specific needs. You can only get medical advice or care if you expressly book an appointment with a medical professional, which is available through our website. You agree not to rely on the information on our website or information provided by us when making decisions about your health and only rely on the information provided by the medical professional in the consultation. You agree to only rely on the advice of a registered medical professional who has experience in the area of medicine related to your clinical need.
Booking of a Tele-Health Appointment
By requesting a tele-health appointment, you are agreeing to become a Patient of the Practice and agree to these additional terms and conditions which apply (in addition to the above terms and conditions) to your tele-health consultation with an Australian Registered General Practitioner.
By using our booking service for a tele-health consultation, you agree:
- That we will collect sensitive personal information for you for the provision of the service;
- That your initial contact with us may not be with a medical professional and that before your consultation, you may speak with a member of our staff who will obtain your clinical background, personal information, clinical history and purpose of the consultation. This person may provide you with general medical information, however you agree not to rely on this information and only use it for the purposes of discussing it with the Medical Professional during your consultation;
- That we will store this information on electronic systems, which may be located inside and outside of Australia;
- That you will not use our service in the event of an emergency or when you have an urgent clinical need. At these times, you agree to call 000 or attend your local emergency room;
- That our Doctors are only licensed in Australia and will conduct the consultation in English via either telecommunications or Video Conference;
- That the Doctor providing the consultation may issue a prescription if this is medical indicated – it is not guaranteed – our Doctors also have a policy of not, under any circumstances, prescribing some medications, including benzodiazepines, some opioids and any medications listed in Schedule 8 of the Poisons Standard 2013 (Cth) or any other medications prohibited by Australian law;
- That the Doctor will only offer medical certificates or referrals if these are clinically appropriate;
- That the service may not be suitable for all conditions or ailments as some medical services are unable to be provided remotely. In this event, your Doctor will advise you of this during the consultation and you may contact to request that we attempt to provide you with a referral to an in-person Doctor consultation for your specific medical need – which may come at a further cost;
- That we may record your consultation and may keep a transcript, audio or visual record of the consultation for customer service, record keeping and quality control. In addition, you agree that the Doctor who provides your consultation will share with us the notes of your consultation for storage with your medical records that we will keep as required by law;
- That we are simply a referral service to the Doctor who provides your consultation and they will be responsible for the medical care provided to you. You agree not to hold us liable for any liability associated with your medical care through our services;
- If the Doctor who provides the service agrees to bulk bill you for the service, you agree to do anything necessary to assign the payment from Medicare to the Doctor. You acknowledge that the Doctor may share some of that payment with us for the services we provide;
- If the service is not bulked bill, you acknowledge that we do not make any representation that you can obtain any rebate from Medicare or other insurers for the service. You agree to make a payment in the amount agreed for the consultation which will be split between the Doctor and us for the respective services provided;
- You agree that unless you join a wellness plan with us, you must not use the Doctor as your primary care provider;
- That we may contact you after the consultation via telephone or other means to discuss the treatment recommended, provide administrative follow up for the Doctor (such as passing onto you scripts or referrals) and to provide information on our and other services, including allied health services when clinically appropriate;
- That if you fail to attend consultations that have been booked, we may charge a cancellation fee up to the amount the Doctor would have been paid by Medicare for the consultation.