Terms and Privacy Policy
TELEHEALTH SPECIALISTS AUSTRALIA PTY LTD (ABN: 71 634 157 190)
1. Terms of Use
1.1. Thank you for using MEDISPECIALISTS, an initiative of Telehealth Specialists Australia PTY LTD, for your e-health requirements, please read these terms of use carefully before accessing, using or obtaining any materials, information, products or services.
1.2. These terms pertain to the MEDISPECIALISTS website, MEDISPECIALISTS virtual consultation rooms, any recommended mobile app(s), tablet applications, or other third party platform we use (collective “Our Sites”) by Telehealth Specialists Australia PTY LTD ( “TSA”, “MEDISPECIALISTS”, “Teledermatologist”, “we”, “our”, or “us” - ABN 71 634 157 190 ).
1.3. The Terms are a legal agreement between you and us in relation to your use of Our Sites and all associated services.
1.4. Our Sites provide an interface between you and other health care professionals ( “Healthcare Provider(s)” ) who also use Our Sites.
1.5. TSA does not itself provide any medical or health service. TSA solely provides a platform which enables you to access health services from a Healthcare Provider.
1.6. TSA does not employ Healthcare Providers. Nor does it have a financial interest in any Health Provider.
1.7. Any medical or health information provided to you by TSA has been prepared by the Healthcare Providers and is forwarded to you by TSA in good faith but without offering or providing medical or health advice.
1.8. TSA reserves the right to modify the Terms of Use, the Privacy Policy or Our Sites periodically without prior notice
2. Use Constitutes Acceptance
2.1. By accessing Our Sites, linking to Our Sites, or using any of our services you agree to these Terms.
2.2. If you do not agree to these Terms, you are not permitted by TSA to use Our Sites or services and should leave Our Sites immediately.
3. Health Care Services
3.1. TSA does not guarantee a e-health or telemedicine consultation is the appropriate course of treatment for your particular health care problem. The Healthcare Provider has the sole discretion to decide whether or not an e-health consultation is appropriate, whether or not to provide any particular service and to determine the health services required. You acknowledge there are limitations to Telehealth services and this service should not take the place of a face to face consultation when one is readily available.
3.2. From time to time a physical examination, blood tests, diagnostic imaging or other tests may be required. These cannot be delivered via an e-health consultation. Should the Healthcare Provider decide any or all of these are required, the Healthcare Provider will direct you to your local general practitioner for an in-rooms consultation.
3.3. You or your nominated carer 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 TSA employees and any Healthcare Providers for the purpose of conducting a medical consultation. You understand this information may be exchanged electronically. All services provided by Our Sites are provided on a ‘best endeavour’ basis. Due to the range of third-party networks and innovative technology used for this transmission, TSA is unable to guarantee a time of arrival of the consultation information for a Healthcare Provider’s attention or guarantee it will arrive at all.
4. Your obligations
4.1. You agree to contact your own doctor immediately if directed to do so or if your condition changes or your symptoms worsen.
4.2. You agree to provide all information requested by TSA or a Healthcare Provider and warrant to TSA all information which you provide is true and fully complete.
4.3. You must inform and keep the Healthcare Provider informed of any side effects or other issues arising from any treatment provided by the Healthcare Provider through Our Sites.
4.4. You must inform your GP and any other health care professional about any medical treatment received via Our Sites.
4.5. If a Healthcare Provider prescribes any medication, you must carefully read all product packaging and patient information supplied with the medication. If your medication appears to be damaged or wrongly dispensed or delivery is delayed you agree to contact the dispensing pharmacy to seek advice and replacement as required.
4.6. If you do not understand any question asked in Our Sites assessment or any advice given by a Healthcare Provider, you should seek clarification immediately.
5. Prescriptions
5.1. You agree any medications prescribed for you by a Healthcare Provider as part of these e-health services will be issued by the Healthcare Provider electronically, or by post to a registered Australian pharmacy for a pharmacist to dispense the medication specified and post it to you at the delivery address you provide or the prescription posted to an address selected by you. You are responsible for paying the pharmacy for dispensing and supply of medication.
5.2. Prescriptions are issued entirely at the discretion of the Healthcare Provider. TSA cannot guarantee a consultation with a Healthcare Provider will result in a prescription being issued.
5.3. TSA is not responsible for the failure of any third party to deliver medicines to the correct address or within any particular time frame. You or your carer are responsible for signing for packages containing medicines. However, if another person accepts delivery at the delivery address you provide, you will be deemed to have received the medication.
5.4. In the event your medicine appears to be damaged, wrongly dispensed or delivery is delayed you agree to contact the dispensing pharmacy to seek advice and replacement as required.
5.5. You agree to inform your GP and other health professionals about medication supplied and advice given to you through Our Sites.
5.6. TSA are not liable for damages which arise from your failure to inform your GP or other healthcare professional about treatment you receive.
6. Release of liability
6.1. You release TSA from all responsibility for health and medical matters including information provided to you about those health and medical matters and acknowledge these are the responsibility of the Healthcare Provider.
6.2. You agree TSA is not liable for any loss, damage, expense or claim arising from damage, loss, injury or death caused directly or indirectly by the Healthcare Provider and you release TSA from liability for any claim arising from any of those circumstances.
6.3. You agree neither TSA nor any Healthcare Provider is responsible for loss or damage arising due to you failing to provide true or fully complete information or failing to comply with any of your obligations listed in clause 4 (Your obligations).
7. Privacy Policy
7.1. TSA takes your privacy very seriously and are committed to complying with the Australian Federal Privacy Act 1988, the Privacy Amendment (Enhancing Privacy Protection) Act 2012, the Australian Privacy Principles and relevant State and Territory privacy legislation (referred to as privacy legislation).
7.2. TSA collects personal information from individuals using fair and lawful means in the course of its business so that it can conduct its business and provide the best possible care to you.This information may be collected by various methods including conversations and written communications with your attending Healthcare Provider including but not limited to; General Practitioner, nurses or other health care professionals.
7.3. Collection of your relevant health details may include photos, videos or voice recordings either by you or your health care representatives and information relating to health history including family history, ethnicity, travel history or lifestyle.
7.4. This information is collected so the Healthcare Provider can treat your condition.
7.5. Patients have the right not to disclose personal information. However, this may hinder or prevent the Healthcare Provider from providing or completing the consultation.
7.6. Notes are taken during and after your consultation; these will also form part of your medical record. A written report of your consultation can be sent to you by secure email on request.
7.7. It is important to keep an accurate record of the consultation. TSA will make a full recording of the consultation including all interactions with our coordinator and the Healthcare Provider. TSA will seek your consent to the holding of all information prior to the commencement of the consultation.
7.8 TSA may also use the personal information of patients for audit activities; risk, legal and claims management; patient satisfaction surveys; and for staff training and education.
7.9. TSA will only disclose the personal information of patients to third parties with the consent of the patient, or as otherwise permitted in limited circumstances by law and are always willing to inform you about how TSA handle your personal and medical information including receiving information provided by another third party, such as your insurance company (if our services are being provided through a policy with them). If information is collected from any other source, TSA will take reasonable steps to inform you. However it is possible TSA may disclose your personal information without your consent in a medical emergency where you are unable to provide your consent or where disclosure is mandatory under the law, such as the notification of certain diseases under the Australian National Notifiable Diseases Surveillance System.
7.10. You may deal with TSA anonymously or under a pseudonym for the purpose of making an inquiry where it is lawful to do so but TSA can not provide services unless TSA can accurately identify the recipient of medical treatment.
7.11. TSA or our subcontractors may use cloud technology to store or process Personal Information, which may result in storage of data outside Australia. It is not practicable for us to specify in advance which country will have jurisdiction over this type of offshore activity. All of our subcontractors, however, are required to comply with the Australian Privacy Act in relation to the transfer or storage of Personal Information overseas.
8. Access
8.1. You are entitled to request access to your medical records. TSA request you put your request in writing and TSA will respond to it within a reasonable time.
8.2. There may be a fee for the administrative costs of retrieving and providing you with copies of your medical records.
8.3. TSA may deny access to your medical records in certain circumstances permitted by law, for example, if disclosure may cause a serious threat to your health or safety. TSA will always tell you why access is denied and the options you have to respond to our decision.
8.4. This information may be stored on our computer medical records system and/or in handwritten medical records.
9. The Service
9.1. TSA acknowledges there are limitations of Telehealth and does not view this service as an alternative to an in-clinic, face to face consultation with Healthcare Provider(s) - especially for those who have ready access to Healthcare Provider(s). Limitations of Telehealth include: Reliability on adequate technology and connectivity. Accuracy of diagnosis may be impaired by inability for the Healthcare Provider(s) to have physical contact with the patient. Therefore accuracy of diagnosis may be impaired by photo/video quality and lack of, or inaccuracy of tactile feedback.
9.2. TSA takes no responsibility for internet connectivity, range or speed. It is the responsibility of the user to ensure internet speeds at their end are adequate to participate in the service.
9.3. TSA takes no responsibility for technology connectivity, and it is the responsibility of the patient to ensure they have the relevant technological access to participate in the service.
9.4. You and your Healthcare Provider are responsible for all information and communication sent during a consultation. You agree to contact your own doctor should your condition change or worsen, and on the advice of further tests and investigations suggested by your consulting Healthcare Provider. The services being offered are “as is” basis and used by the patient solely at their own risk.
9.5. TSA makes no warranties as to the content of any medical consultation conducted through our service.
10. Complaints
10.1. If you have a complaint about the privacy of your personal information (including complaints about our use of the Myhealth record system), TSA request you contact us in writing. Upon receipt of a complaint TSA will consider the details and attempt to resolve it in accordance with our complaints handling procedures.
10.2. If you are dissatisfied with our handling of a complaint or the outcome you may make an application to the Australian Information Commissioner or the Privacy Commissioner in your State or Territory.
11. Corrections
11.1 If you believe the information TSA have about you is not accurate, complete or up to date, TSA ask that you contact us in writing.
12. General
12.1. If any of these terms are held to be invalid or unenforceable, then the validity and enforce-ability of the remaining provisions will not be affected.