The purpose of this document is to outline the terms and conditions applying to “Telehealth” consultations provided by Medlab Clinical Ltd and/or one of its all related corporations. These entities, including their employees and other entities acting on their behalf, are collectively referred to below as “Medlab”, “we”, “our” or “us”.
Your personal and health information
- The Policy provides that by using our website and/or any digital portal(s) accessible via our website (collectively referred to below as “digital portals”), receiving products or other services from us, including, for example, participating in a Telehealth consultation with a Medlab medial or health professional (such as a naturopath or clinician), you consent to Medlab collecting and using your personal and health information in accordance with the Policy. This form seeks to remove any doubts you may have about these matters.
- Medlab collects personal and health information about you for the purposes described in the Policy, including for the purpose of providing a quality service to you, including, if applicable, in the course of providing a consultation. In order to thoroughly assess, diagnose and provide therapy to you, we need to collect some personal information about you, including from you and third-party sources of information, as described in the Policy. If you do not provide this information; we may be unable to advise, assist and/or treat you. This information will also be used for:
- The administrative purpose of running the practice;
- Billing either directly or through an insurer or compensation agency;
- Use within the practice if discussing or passing your case to another practitioner within the practice for your ongoing management;
- Disclosure of information to your doctors and other medical or health professionals to facilitate communication and best possible care for you.
- To help ensure that we can provide a high level of service to you you agree that we may collect, use and disclose your personal and health information, including information about your assessment results and progress to relevant other service providers, who are involved in your management. These may include your doctor, teachers, specialists, insurers, solicitors or employers.
- You may make an appointment for a Telehealth consultation by registering using a digital portal on our website and providing the information requested to create an account. The booking process for these consultations is managed through one or more third-party add-on applications, platforms and/or other software programs.
- Your Account information (including any and all login credentials and passwords) is confidential and it is your responsibility to maintain its security and confidentiality. You must not permit your Account to be used by any person other than yourself. You agree that you will be responsible for any unauthorised activity that occurs as a result of any use of your Account as a result of your failure to keep your Account information confidential and secure. You must notify Medlab immediately if you become aware of or suspect any unauthorised use of your Account or your Account information or any other breach of security of your Account. In that event, Medlab, in its absolute discretion, may suspend or terminate your Account and/or establish a new account for you.
- You agree to provide accurate, current and complete information to Medlab in relation to booking an appointment, completing any questionnaires provided to you and in response to other questions or requests for information from Medlab in connection or during a consultation. You agree that any other information which you otherwise provide to Medlab will also be accurate, current and complete. You acknowledge that Medlab’s ability to provide accurate information, treatment and recommendations to you depends on Medlab receiving accurate, current and complete personal and health information from you at all times.
- Medlab reserves the right to not accept or to cancel any booking which you make for a Telehealth consultation, and/or refuse to register, maintain or terminate your Account, for any reason whatsoever, in Medlab’s absolute discretion. Without limitation, Medlab may cancel, terminate or refuse to register or maintain your Account or provide a consultation to you in its absolute discretion, if Medlab is of the opinion that you have not provided accurate, current or complete information in booking or otherwise in connection with or during a Telehealth consultation. You acknowledge that Medlab has no obligation to provide any explanation or reasons to you for any decision Medlab makes to not accept, cancel or to otherwise refuse to maintain your Account or to provide a Telehealth consultation to you.
- Unless otherwise notified by Medlab:
- if Medlab provides a Telehealth consultation to you, the consultation will be provided to you free of charge and by the Medlab medical or health professionals who Medlab makes available at the relevant time; and
- each consultation will not exceed twenty (20) minutes in duration; and
- You acknowledge that each Telehealth consultation is general in nature and will only be provided over the telephone, via video-conferencing or over the internet. No consultations will be provided in person. Unless Medlab otherwise determines and you agree, no Telehealth consultation will involve or oblige Medlab to approve, request or cause any form pathology testing or other testing or analysis to be undertaken.
- You acknowledge that if our medical or health professional determines that your case warrants referral to another medical or health professional, and you consent to the referral, you authorise Medlab to disclose any personal or health information Medlab has collected about you in accordance with the Policy to the relevant medical or health professional or his or her employer or principal organisation.
- To the maximum extent permitted at law, you indemnify and agree to keep Medlab (including all directors, officers, employees, contractors and agents of any entity within the meaning of that term) (Indemnified) fully indemnified from and against all loss, damage, cost and expense (whether direct, indirect, special or consequential) which any of the Indemnified suffer or incur as a result of, in connection with, relating to or arising from a consultation which you attend. You hereby release and forever discharge the Indemnified from any claims which you have or may have at any time as a result of, in connection with, relating to or arising from a consultation which you attend.
- You must not use our website or digital portals for any purpose for which you have not been authorised to use our website or digital portals for, including without limitation, for the purpose of hacking, infiltrating, compromising, interfering with, intercepting or accessing any Account or personal or health information of any other individual on or via the website or any associated software or applications. You must not introduce any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer to the website or any associated software or application. You must not authorise, aid, abet or assist any other individual or entity to engage in any activities or do any of the things referred to in this clause 9.
- You acknowledge and agree that Medlab may, from time to time, update, vary or amend these terms and conditions. If we do so, we will publish the updated, varied or amended terms and conditions on our website and you agree to be bound by them with effect on and from the date on which they are published on the website. You agree to periodically check the website to determine whether there have been any changes to these terms and conditions from the last time you reviewed them.
- Nothing in these terms and conditions limits or intends to limit any non-excludable rights which you may have under the Australian Consumer Law. If any provision of these terms and conditions is void, voidable, unenforceable or illegal, that provision will be read down so as to be valid and enforceable or, alternatively, will be severed from these terms and conditions. The severance of any provision in accordance with this clause will not affect the validity or effectiveness of the remaining provisions of these terms and conditions.
- No failure to exercise or any delay in exercising any right, power or remedy by a party operates as a waiver. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.
- These terms and conditions are governed by the laws of the State of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts of that State and the courts of appeal therefrom.
- You agree to these terms and conditions and that you have received and read the Policy and the above information and understand the reasons for the collection of your personal and health information and the ways in which the information may be used and disclosed and you confirm that you agree to that use and disclosure.
- You also confirm that you understand that it is your choice as to what information you provide and that withholding or falsifying information might act against the best interests of your assessment and therapy progress.
- You confirm that you are aware that you can access your personal and health information on request and if necessary, correct information that you believe to be inaccurate in accordance with the Policy.
- You understand that if, in exceptional circumstances, access is denied for legitimate purposes, that the reasons for this and possible remedies will be made available to you.
- The Australian Privacy Principles impose various restrictions on Medlab in relation to any disclosure of personal information to overseas recipients in certain jurisdictions. However if Medlab has obtained the consent of the individual to such transfers, then those restrictions will generally not apply. Please let us know if you would like more information about these issues.
Updated and effective as at 26th March 2020.