Terms and Conditions for Telehealth Services
E-Doctor Pty Ltd
(ABN: 42 663 875 689) (“E-Doctor”, “we”, “us”, “our”)
Welcome to our telehealth service, which allows you to connect with healthcare providers remotely. E-Doctor operates the website located at www.e-doctor.au with links to these Terms of Service.
These terms and conditions (the "Agreement") apply to your use of the telehealth service. By using the telehealth service, you agree to be bound by these terms and conditions, applicable laws, and E-Doctor’s privacy policy. If you do not agree to these terms and conditions, you may not use the telehealth service.
IMPORTANT
THE SERVICES PROVIDED BY E-DOCTOR 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.
Acknowledgements
You acknowledge and agree that:
1. E-Doctor provides healthcare services using interactive audio, video, and messaging technologies, enabling our users to have phone consultations, although they are not in the same physical location.
2. Disruptions can occur due to failures of the electronic equipment or internet connection. If this happens, you may be contacted by phone or other means of communication. If contact is not possible, you will be given the opportunity to re-book your consultation at the next available time most convenient to you.
3. In rare cases a lack of access to all your health records may result in adverse drug interactions or other errors. To minimise these risks a detailed review of your medical history is required at the time of your consultation, and it is your responsibility to provide an accurate medical history to E-Doctor prior to your consultation.
4. We incorporate strong security protocols to protect the confidentiality of your health information, however, in rare instances security protocols systems can fail potentially causing a breach of data. We monitor security in this regard and will notify you of any potential concerns, causing a breach of confidentiality.
5. We may determine that our clinical services are not appropriate for some, or all of your treatment needs and may elect not to provide clinical services to you through the site, in line with our company compliance policy.
6. Whilst providing you with services from qualified healthcare professionals, no health or medical outcomes can be guaranteed or assured. No results can be guaranteed or assured.
Services
1. Bookings
When you have completed the registration process, you may order a medical treatment service and upon the reviewing of your information, E-Doctor will provide you with a link where you may choose a suitable time for your telehealth consultation. We aim, but do not guarantee, booking times, even when these are confirmed to you. A booking will be for a window of time on an agreed day during which the healthcare professional will call you for the purpose of a telehealth consultation (“Booking Window”). You must ensure that you are available to answer the healthcare professional’s call during the Booking Window or return the call immediately if it goes to voicemail. If we agree to provide you with a Telehealth Consultation, we will let you know the minimum technical requirements and recommendations to ensure a high-quality connection is established.
2. Use of Services Under 18 Years
We typically do not provide services to individuals under 18 years of age. However, in exceptional circumstances and at our discretion, we may provide services to minors under 18 years old. Such decisions will be made on a case-by-case basis and will consider factors such as the nature of the services required, the minor's maturity level, and the availability of parental or guardian consent. Our primary focus remains on the well-being and best interests of all our clients, including minors.
3. Consultation
You must complete an online questionnaire to receive treatment. You must provide accurate and full disclosure of information throughout the questionnaire. You must not omit any information that a reasonable person would deem relevant when attempting to access treatment.
Your healthcare professional is provided the information that is provided in your questionnaire. They will use your questionnaire to consult and prescribe medication as they see fit. After the consultation your healthcare professional will store your information in an approved web-based clinical software programme i.e. Xestro, Best Practice or Halaxy. Your healthcare professional is responsible for maintaining their own health records in relation to your consultation. E-Doctor will hold copies of this information as necessary. E-Doctor provides consultations for specific medical conditions and health concerns only. Our healthcare professionals cannot provide general medical advice or provide prescriptions outside these specific consultations.
Please note that if you are not feeling better after the teleconsult, please see a medical professional face to face for your consultation.
4. Healthcare Professionals
Any medical services are provided by the healthcare professionals partnered with E-Doctor. The healthcare professionals who deliver services through E-Doctor are independent professionals practicing within a group of independently owned professional practices collectively known as “E-Doctor”. E-Doctor does not practice medicine or any other licensed profession and does not interfere with the practice of medicine or any other licensed profession by healthcare professionals, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license.
5. Health Care Disclaimers
E-Doctor does not guarantee that a telehealth consultation is the appropriate course of treatment for your particular health care problem. E-Doctor 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. 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 healthcare professional 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).
6. Accuracy of Information and Collection of information
The effectiveness of any telehealth consultation is dependent on complete and truthful answers to all questions asked to assess the appropriateness of treatments and medications for you. Any lack of access to the comprehensive health record may result in adverse drug interaction. You understand and agree that in any telehealth consultation with a healthcare professional, 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.
You 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 E-Doctor employees and any healthcare professional or provider. You understand and agree that this information may be exchanged electronically. E-Doctor handles your personal information in accordance with its Privacy Policy. You expressly consent to the disclosure of your personal information by E-Doctor to your chosen healthcare professional or provider. E-Doctor is not responsible for the use, handling or disclosure of your personal information that is provided to your chosen healthcare professional or provider.
7. My Health Record
E-Doctor may access your health information as stored in your My Health Record. My Health Record is an Australian Government initiative and is administered, controlled and governed by the Australian Government and My Health Record system operator (System Operator). The ability of E-Doctor 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. 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.
8. Prescription
Prescriptions are issued entirely at the discretion of the healthcare professional. E-Doctor cannot guarantee a consultation with a healthcare professional will result in a prescription being issued. E-Doctor and the healthcare professionals will not prescribe any drugs of addiction. All prescriptions are issued to you thru electronic script, email or SMS.
9. Privacy and Security
We take your privacy and security seriously. We use appropriate technical and organizational measures to protect your personal data and comply with applicable data protection laws. Your personal data will only be used for the purpose of providing the telehealth service and will not be shared with third parties except as required by law. All information received by E-Doctor will be kept in accordance with the Privacy Act (1988) and the Australian Privacy Principles. You can find more information about our privacy practices in our privacy policy.
You agree to the privacy policy by agreeing to these terms and conditions.
10. Newsletter Subscription
Upon creating an account with E-Doctor, you will be automatically enrolled in our newsletters. You can also opt-in to subscribe to our newsletters from our website. Our newsletters provide updates, promotions, and important information related to our telehealth services. By subscribing, you consent to receiving these communications via email. You have the rights to unsubscribe from our newsletters at any time. You may do so by following the unsubscribe instructions provided in the email or by contacting our customer support team.
11. Cookies
The E-Doctor website uses cookies to improve your experience. These cookies may also be used to serve you targeted advertisements through third-party advertising networks.
12. Payment and Billing
You will be responsible for payment of any fees associated with the telehealth service. The fees will be disclosed to you before the service is provided. Payment must be made prior to the service is provided. Services are fully private, and no Medicare rebate is applicable. E-Doctor reserves the right to change the pricing of our products and services at any time.
13. Refund
To the extent permitted by Australian Consumer Law, refunds for consultations can only be provided before a consultation has taken place. A consultation is considered to have taken place once a healthcare professional has reviewed your information and responded to you. Any refunds for products will be provided as required by Australian Consumer Law. E-Doctor may refuse services for any request for services related to any drug of addiction. Any services fee paid for drug of addiction related consultations will be refunded. Any requests for refunds should be sent to support@e-doctor.au.
14. Intellectual Property
All content and materials provided as part of the telehealth service, including but not limited to text, graphics, logos, images, and software, are the property of the telehealth service provider and are protected by copyright, trademark, and other intellectual property laws. You cannot reproduce, transmit, sell etc any of the content except with the prior written consent of E-Doctor or as permitted by law. All rights of E-Doctor are reserved.
Any trademarks used on the website in relation to third parties are the trademarks of those third parties.
15. Disclaimer of Warranties and Liability
The telehealth service is provided on an "as is" and "as available" basis. We make no warranties or representations, express or implied, about the telehealth service, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use of the telehealth service. Neither E-Doctor nor any third parties who promote the telehealth services or provide you with a link to the telehealth services shall be liable for any professional advice you obtain from a healthcare professional whilst utilising the E-Doctor site or platform. You agree to indemnify, defend and hold harmless E-Doctor and their respective shareholders, officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these terms.
E-Doctor does not guarantee that an online consultation is suitable in every situation. Online consults may not be right for your situation. We do not take any liability in the event that an online consultation was not suitable in your situation.
E-Doctor takes no liability and makes no warranties in relation to the consultation between your Practitioner. E-Doctor is not liable for any loss or damage caused by the use of, or inability to use this site. Or due to any information or content on the site being incorrect. Medical information provided on the website is of a general nature and not specific to individuals. E-Doctor’s practitioners are not liable for any adverse health outcome resulting from conditions or treatments outside the specified scope of practice. Candor is not liable for any adverse outcomes that occur as a result of being provided with misinformation or incomplete information.
This service does not replace your regular doctor.
16. Modification of Terms and Conditions
We reserve the right to modify these terms and conditions at any time. You should review these terms and conditions regularly. Your continued use of the telehealth service after any modifications indicates your acceptance of the modified terms and conditions.
17. Requirements
You must abide by all applicable laws while using the website. You must not act in a way that may breach the privacy or legal rights of individuals. You must not interfere with the website with the intent to disrupt the website or other users of the website or in a way that creates an undue burden on the website. You must not create or submit offensive content using the website. You agree to indemnify E-Doctor of any loss you suffer as a result of breaching these conditions.
We retain the right to refuse any users access to E-Doctor for any reason.
18. Severance
If any of the terms set out herein is held to be unlawful, invalid or unenforceable, it is severed from the agreement with the rest of the agreement surviving in its place.
19. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in Western Australia. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.
