Terms of Service

Introduction

- Online Mediservices Pty Ltd ACN 644 308 092 trading as ‘DoctorCAM’ (“we”, “us”, or “our”) makes available a platform and online services and features as part of that platform including the website “doctorcam.com.au” and its contents, products and services (Service).
- By accessing, visiting, registering for and/or using the Service (whether the Service is completed or not), you agree to be bound by these Terms of Service.

Our Service

The Service:
- allows Practitioners and Patients to connect online, for the purposes of the Practitioner providing health care services to Patients;
- provides Patients with access to Practitioners that Patients may not otherwise have had;
- assists Practitioners to operate their health care practice with greater flexibility; and
- assists Patients to receive health care services at times and places more convenient to the Patient.
You can use our Service to book appointments with Practitioners that offer Consultations by video link instead of physical examinations.

When you shouldn’t use our Service

You must not use our Service:
- for medical emergencies;
- for matters requiring immediate or urgent treatment;
- when you are suffering dangerous symptoms such as arm weakness, difficulty with speech, facial drooping, sudden numbness or weakness, pins and needles in any part of the body, loss of vision, rapidly developing dizziness or balance, confusion, or severe headache; coughing up blood, shortness of breath or difficulty breathing; or
- any other medical condition that may be serious or complex,

and instead you should call ‘000’ or attend the nearest hospital emergency department in those circumstances.

Consultations

Consultations (and all information provided in connection with those Consultations) are the responsibility of the Practitioner that provides them to the Patient on the Service. We may in our absolute discretion:
- host or service Consultations; and
- facilitate Consultations by Practitioners,

from time to time, and nothing in these Terms of Service require us to do any of those things at a given time or at all.

You may use the Service to book a Consultation offered by a Practitioner. Booking a Consultation does not mean you are entitled to receive a Consultation and a Practitioner may not provide you with a Consultation even if you book one. You agree that:
- Practitioners may not provide a Consultation even if you book one;
- Practitioners may not provide a Consultation if you do not complete the New Patient Form;
- the Consultation may not be fit for your purpose or suitable for your needs;
- any medication or treatment (including in connection with a Consultation) is safe, appropriate or effective;
- we are not responsible for how a Consultation is provided, the acts or omissions of the Practitioner or the quality of any health care service provided.
The Practitioner has full discretion, for any reason, to:
- re-schedule or terminate a Consultation; or
- decline to provide a Consultation.
If the Practitioner that you book a Consultation with is unable to attend the booked Consultation, then we will notify you and endeavour to have another Practitioner provide the Consultation. If we are unable to find another Practitioner able to provide the booked Consultation, we will cancel the Consultation and may refund Fees and Expenses in connection with that Consultation.
You must not use the Service as a substitute for ‘in person’ physical treatments by health care practitioners (including the health care practitioner responsible for managing your health care plans and/or holistic management of your health condition). We recommend you to continue regular in person meetings with health care practitioners outside of the Service.

Payments and refunds

We will notify you on the Site of the:
- Fees;
- Pre-payment;
- Expenses; and
- Payment Methods.
You must pay the Pre-payment when making a booking for a Consultation in accordance with the prompts and Payment Methods.
To the extent such amounts are not a Pre-payment, you must pay all Fees and Expenses immediately after receiving the relevant Consultation in accordance with the Payment Methods.
The Fee and Expenses are payable notwithstanding:
- the Consultation may be less than the Connection Duration, for any reason (including if the Practitioner discontinues the Consultation for any reason); and/or
- during the Consultation you seek a Prohibited Prescription or chronic pain management care (as set out in clause 11.2).
We collect Fees and Expenses you owe to Practitioners on behalf of that Practitioner. You must pay all amounts you owe a Practitioner and us as required by the Payment Methods.
We may refund the whole or part of the Pre-payments, Fees and Expenses if:
- we believe you have not received the Consultation because of a technological failure that we are responsible for, and that prevents provision of the Consultation; or
- we decide, in our discretion.
We are not required to refund the whole or any part of any Pre-payment. Fees and Expenses if:
- you cancel a booking; or
- do not receive the Consultation because of your act or omission including where we decide, in our discretion, that it is as a result of a technological not caused or contributed by us (for example an internet drop out).

E-Prescriptions

You are responsible for accessing, downloading, viewing and obtaining control of any e-prescription that the Practitioner may prescribe or send to you during or after the Consultation.
You acknowledge that e-prescriptions are not generated or managed by us and that any issues, complaints, feedback or queries in relation to e-prescriptions are to be directed to the relevant entity that generated or manages e-prescriptions.

Complaints and Feedback

If you are dissatisfied with the Consultation, or have feedback in relation to the Service or Consultation, you may wish to take the following steps:
- send us an email setting out:
  - what went wrong, who was involved and when it happened;
  - how you want the complaint resolved,

and we will take the relevant steps to notify the Practitioner; and/or

contact your State or Territory Health Ombudsman or AHPRA.

Your Information

To permit a Practitioner to provide you with health care services safely and effectively, you:
- must answer all questions requested by us or the Practitioner;
- must inform the Practitioner of any information (including about symptoms or new conditions) the Practitioner may need for the purposes of providing you with the health care service; and
- warrant that all Your Information is true, accurate and complete in all material respects including any information provided orally.
You will ensure that any information provided does not infringe the rights of another person (including privacy or intellectual property rights).
Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service. You can view our Privacy Policy here
You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty- free, sub-licensable right to exercise the copyright you have in Your Information, in all media now known or not currently known. To the extent possible, you waive any moral rights or similar rights you may have or may acquire in the future in Your Information in our favour.

Restrictions

You must not:
- access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except:
  - as expressly permitted by the Service; or
  - with prior written permission from us and, if applicable, the respective rights holders;
- circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that:
  - prevents or restrict the copying or other use of Content; or
  - limits the use of the Service or Content;
- access the Service using any automated means (such as robots, botnets or scrapers);
- collect or harvest any information that might identify a person (for example, usernames) including any information in connection with a Consultation or a person’s medical information, unless permitted by that person;
- use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;
- cause or encourage any inaccurate measurements of genuine user engagement with the Service.

Your Use of the Service

By accessing or otherwise using our Service, you agree to these Terms of Service.
We may amend these Terms of Service and you are responsible for informing yourself of any and all changes to these Terms of Service and any notices, including on the website or by way of email, and should familiarise yourself with the changes. You will be taken to have consented to the amended Terms of Service by your continued use of the Service.
You may be required to verify your identity by (without limitation) Medicare details, email, telephone, residential or business address, social media, referrals, references and/or formal photographic identification (e.g. driver’s licences or passports). You must provide all necessary verifications that we, or a Practitioner requests at any time.

The Patient or its legal guardian, parent or health attorney must be at least 18 years old to use the Service.

Your obligations

You must:
- not permit any person to take medication that a Practitioner has prescribed to a Patient;
- notify the Practitioner immediately if medication prescribed to a Patient by the Practitioner, causes any noticeable side effects or adverse reactions.
You must not use the Service if you are seeking:
- a prescription (or health advice in relation to) any of the following:
  - Schedule 8 Medicines including but not limited to oxycodone, alprazolam, methylphenidate and medicinal cannabis;
  - Schedule 4 Medicines including but not limited to benzodiazepines (such as alprazolam (Xanax), diazepam (Valium), lorazepam (Ativan) or midazolam (Versed)), anabolic steroids, gabapentinoids or opiates;
  - Opioid’s medications including but not limited to morphine or fentanyl;
  - Stimulant medications including but not limited to Ritalin; or
- chronic pain management care.

Content

Information contained on the Site (other than information provided by a Practitioner during a Consultation) is not medical or health care advice. You must not rely upon information on the Site as a substitute for obtaining advice from a doctor or other qualified healthcare practitioner that takes into account your specific circumstances.

Intellectual Property

Our Service and Content may contain or reference Intellectual Property owned by us and/or other parties.
You agree that you will not infringe our or any third party’s Intellectual Property in the Service or Content and will not modify, copy, republish, frame, distribute or communicate any part of the Service or Content or any information contained in them or otherwise use them in a way which will infringe our or any third party’s Intellectual Property or other property rights.

Passwords

You are responsible for protecting the confidentiality and security of any passwords that we provide you for access to the Service.
We do not accept liability for any access to information or transactions that are executed with the password provided to you.
You indemnify us for any loss that we suffer as a result of you losing your password or providing it to a third party that we have not authorised in writing.

Disclaimer

To the full extent allowed by law, we provide the Service “as is” and without any warranty or condition, express or implied.
We do not warrant that the information contained in or accessible through the Service is accurate (including the Content), suitable for your purposes or without errors, omissions or viruses. Nor do we guarantee continuous, uninterrupted or secure access to the Service.
You acknowledge and agree that factors outside of our control may interfere with your use of the Service (including the software operating in connection with the Service).
You acknowledge and agree to the Consultation may be recorded at our discretion for training and assurance purposes. You must not record (or transmit recording of) the Consultation without the prior written consent of us and the Practitioner.
While we use best endeavours to maintain the security of the Service and Your Information we do not warrant that the Service including Your Information and any Promoter links will not be intercepted, modified, viewed, lost or taken by third parties (including hackers). By accepting these Terms of Service you acknowledge and accept this risk.
We do not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Service.
Subject to Consumer Law, we make no representations or warranties in respect of the information and materials available on the Service or the means of accessing that information and material (including the software operating in connection with the Service).
We do not warrant, represent or take any responsibility for third party Services which are or may become linked or connected to or from the Service. Any links to third party Services (e.g. Services operated by Promoters) are provided for convenience only and may not remain current or be maintained. You agree and acknowledge that we do not endorse, adopt, approve or recommend, and are not responsible or liable for, any content, advertising, products, or other materials on or available from a third party Service or information.

Limitation of liability

You agree that you use the Service at your own risk.
You acknowledge that we are not responsible for the conduct or activities of any user, Promoter, or Accommodation Service Provider, and that we are not liable for such under any circumstances.
To the extent permitted by law, in no circumstances will we be liable for any Loss suffered by you, or any Claims made by or against you, including without limitation any injury or loss of life, resulting from or in connection with:
- your access to, or use of, the Service;
- your inability to use the Service or any content;
- your purchase of Accommodation Services or Goods and/or Services (or the provision or non-provision of Accommodation Services or Goods and/or Services); or
- our use of information that you provide to us via the Service,

whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise.

Nothing in this Agreement is intended to limit any right you or your customers may have under Consumer Law. If Consumer Law, or other law, states there is a guarantee in relation to any goods or services supplied by us, and our liability for failing to comply with that guarantee cannot be excluded, but may limited, then to the extent permitted by law, our liability for breach of a condition or warranty implied by any legislation is limited to the following remedies (at our discretion):
- in the case of goods, any one or more of the following:
  - the replacement of the goods or supply of equivalent goods;
  - the repair of the goods;
  - the payment of the costs of replacing the goods or of acquiring equivalent goods; or
  - the payment of the costs of having the goods repaired; and
- in the case of services:
  - supply of the services again; or
  - the payment of the cost of having the services supplied again.

This clause 10 applies in relation to any third party listed via the Service or direct marketing and any Goods and/or Services, including without limitation, via the Service or any direct marketing.

You agree that we are not liable for, and you indemnify and hold us harmless from, any Claim or Liability in connection with:
- any medical or health care services provided using the Service, including during any Consultation;
- your use of or inability to use the Service;
- any information, medication or treatment provided by a Practitioner;
- any personal injury or death in connection with the Service;
- any act or omission (including negligence) of a Practitioner;
- Your Information (or any part of it) not being true, accurate or complete in all material respects;
- any health or medical information on the Site;
- any an Unfulfilled Consultation;
- you not being entitled to Medicare benefits, subsidies or payments payable by the Commonwealth of Australia (including under the Health Insurance Act 1973 (Cth));
- your breach or non-observance of any term of these Terms of Service; or
- any breach or inaccuracy in any of your representations or warranties.

Suspension and Termination

We may limit or restrict access to the Service from time-to-time if:
- you materially or repeatedly breach these Terms of Service;
- you breach clause 2 of these Terms of Service;
- we are required to do so to comply with a legal requirement or a court order;
- we believe there has been conduct that creates (or could create) liability or harm to any user, other third party, a Practitioner, or us or our related entities;
- in our absolute and sole discretion we believe that providing the Service to you is no longer commercially viable;
- in our absolute and sole discretion, we cannot verify your identity.
Notwithstanding any other clause to the contrary, we may terminate these Terms of Service (and your right to use the Service) at any time and for any reason on reasonable notice to you.

Goods and services tax

Where goods and services tax (or any similar tax “GST”) is applicable to any supply under or in connection with these Terms of Service (including any supply as defined by GST legislation) then you will be required to pay the applicable GST in addition to the base amount payable.

Jurisdiction

These Terms of Service will be construed in accordance with the law of Queensland and the parties submit to the non-exclusive jurisdiction of the Queensland courts notwithstanding the domicile or residence of any party or the occurrence of any act, matter or thing outside of Queensland.
We designed the Service for use only within Australia and we make no warranties or representations with regard to use by persons accessing, downloading or otherwise using the Service outside Australia.
You may only use the Service if you live in Australia and can form legally binding contracts under applicable law.

Who we are

We provide, maintain and improve the Service. We are not:
- a health care or medical services provider;
- an emergency service provider.
You and we acknowledge that nothing contained in these Terms of Service will create or constitute, or be deemed to create or constitute:
- for the purpose of the Partnership Act 1891 (Qld), Income Tax Assessment Act 1936 (Cth), Income Tax Assessment Act 1997 (Cth), A New Tax System (Goods and Services Tax) Act 1999 (Cth) or any other law of any jurisdiction, a partnership between the you and us;
- a right for you or us to act, represent or hold ourselves out as having authority to act as the agent of or in any way bind or commit the other party to this Agreement to any obligation; or
- a joint venture, employee-employer or franchisor-franchisee relationship.

You acknowledge and agree that notwithstanding you were informed of the health care services offered by a Practitioner, your purchase of a Consultation is an agreement between you and the Practitioner. We do not act as agent of the Practitioner. The Practitioner is responsible for providing, and fulfilling all of its obligations regarding the supply of health care services to you, and any of its obligations under Consumer Law.

Assignment

Your rights under these Terms of Service are not transferable.
We may assign, novate or transfer our rights or obligations under these Terms of Service on reasonable notice to you.

Definitions

In this Terms of Service, the following terms have the meaning given to them below unless the context requires otherwise:

Claim: any action, cause of action, liability, claim, loss, damage, proceeding, expense;
Connection Duration: the duration of a particular type of Consultation as advised on the Site;
Content: content available on the Service including videos, audio graphics, photos, text (such as comments and general health information), branding (including trade names, trade marks, service marks, or logos) interactive features, software, metrics, and other materials whether provided by us or a Practitioner, or any other third party, and includes any information, video or audio in connection with a Consultation;
Consultation(s): a consultation offered and/or provided by a Practitioner to a Patient (including medical examinations medical history recording);
Consumer Laws: any laws in any jurisdiction relating to protection of consumers, including the Australian Consumer Law;
Expenses: any costs, charges or expenses in connection with any Consultation, including those charged by us or the Practitioner, and including for the Consultations that have different Connection Durations;
Fees: the fees each Practitioner charges for a Consultation, including for those that have different Connection Durations;
Goods and/or Services: the goods, services, events, concerts, products, tours, activities, services or other experiences that Promoters may offer to you using our Service;
Intellectual Property: trade marks, patents, copyrighted materials, technologies, products, processes or other proprietary rights including without limitation the registered trade marks “DoctorCAM” and “DoctorCAM” (logo);
Loss: direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss;
Our Information: the content and information displayed on the Service online platform other than the information provided by a Promoter;
Patient: any person that may require or receive health care services via the Service;
Payment Methods: how you can pay the Pre-payment, Fees and Expenses;
Practitioners: qualified and registered health care practitioners that may be general practitioner doctors, specialist physicians, or allied health practitioners;
Pre-payment: the amount of the Fees, if any, which is payable at the time of booking a Consultation.
Privacy Policy: our privacy policy which can be found on the Service and hyperlinked in these Terms of Service which may be amended or updated from time to time;
Promoter: a person/entity that advertises or promotes Goods and/or Services using our Service;
Schedule 8 Medicines: those drugs listed in Schedule 8 of the Poisons Standard June 2021 (Cth) as amended from time to time pursuant to the Therapeutic Goods Act 1989 (Cth);
Unfilled Consultation: a Consultation that you book, but that a Practitioner does not provide you;
you or your: you or your (as applicable); and
Your Information: any information you upload or provide using the Service or during a Consultation.