Terms of Service

Referrals

Referrals to us are available from most GPs or medical specialists, but we do not require a referral.

A referral does, however, enable you to claim a Medicare rebate for some services. Please contact us for more detailed information regarding the relevant services and rebates. (We can also provide further information on the day of your appointment.)

A GP referral is valid for 12 months from the date of your first consultation with us regarding the relevant course of treatment. A referral from a specialist is valid for 3 months.

Booking

1. Telehealth only

   All our bookings are for remote consultations only via video call. We do not provide in person consultations.

2. Your details

   You must provide your name, address, email address, phone number and other requested details at the time of, and as part of, requesting a booking via the Website. You must notify us promptly if at any time while being treated by us any of your contact details change or cease to apply.

   We do not provide consultations for individuals who are not resident in Australia at the time of the consultation.

3. Availability and acceptance

   We do not guarantee that a booking will be available at any particular time or by a particular date (even if the Website indicates it is available). We exclude any obligation to accept any requested booking. We will only be taken to have accepted a booking (subject to advance payment of the applicable consultation fee by you as described in clause 4) if confirmed by us to you via email.

4. Deferral or cancellation by you

   You can defer or cancel an appointment at any time for any reason by notifying us, but if you defer or cancel less than 24 hours before the scheduled time for an appointment then we will charge you a late deferral/cancellation fee equal to the consultation fee for the appointment (and, assuming you have paid the consultation fee in advance, we will apply that amount to the late deferral/cancellation fee).

5. Deferral or cancellation by us

   We may defer or cancel your appointment (and any provision of any further services) at any time for any reason, including where:

   • you haven’t provided information, documentation or photographs, or taken any other action, that at any time we require or request;
   • we form the view in advance of your consultation that your medical issues are not suited to a telehealth appointment; or
   • you haven’t paid the applicable consultation fee by at least 24 hours before the scheduled time for your appointment (or at the time of making your booking if your appointment is within less than 24 hours).

   In the case of cancellation by us before an appointment, we will refund any advance payment that you have made for the appointment that has cleared our account.

   Our right to cancel an appointment includes cancellation during the course of an appointment. If we do so due to conduct by you, or by a person accompanying you in the consultation, that the consulting doctor in good faith regards as unacceptable (such as abuse, harassment or threatening behaviour) then we will not refund the fee paid for the consultation and will not be obliged to complete the services that would otherwise have been performed during or after the consultation.

6. Running late

   You acknowledge that from time to time we may be running late (including due to previous appointments with patients taking longer than expected). Similarly, we acknowledge that you may sometimes run late for reasons beyond your control. To accommodate this:

   • if we not initiate the video call within 15 minutes of the scheduled time then you will be given the option to reschedule the appointment (to a time and date to be agreed); and
   • if you have not logged into the video call by the scheduled time (or you have logged in, but are not present when we initiate the call) then you will be treated as having cancelled the appointment with less than 24 hours’ notice (and a late cancellation/deferral fee will apply in the same way as under clause 2.4 above) unless in our discretion we agree that it was due to circumstances beyond your control.

7. You are responsible for your connection

   You are responsible for providing your own computer/device and broadband connection required for an effective videocall. Where failure to do so results in you not joining the appointment within 15 minutes of the scheduled time, or being unable to complete an appointment effectively, we may treat it as a late cancellation to which clause 2.4 above applies.

   Similarly, if your environment it is too noisy, such that the doctor cannot hear you properly during the consultation, then the consulting doctor may pause or reschedule the appointment.

   In the case of a videocall we recommend that you undertake a test launch of the videocall (by clicking on the link that we supply for the videocall) well before the time of the appointment, in order to avoid having to address any technical issues at the scheduled time for the appointment.

Provision Of Information By You

You must:

• promptly provide to us all information, answers and documents that we reasonably request (whether before, during or after your consultation); and
• even if not requested by us, disclose to us all information that could reasonably be expected to be relevant to our diagnosis or treatment of you, including in any event (even if not appearing to be relevant) all symptoms, current medications and other current medical conditions.

You warrant that all information and answers that you provide to us (whether in person or electronically, and whether before or during your appointment), including regarding your identity, contact details, symptoms, current medications, other medical conditions and medical history, will be true and not misleading.

You agree that:

• in making a diagnosis and formulating a treatment plan and any prescription for you, we are entitled to rely upon all information, answers and documents that you provide;
• we are not obliged to query or verify them; and
• if you provide false information or answers, or fail to provide relevant information, it may affect the accuracy and appropriateness of our diagnosis and treatment of you.

Payment

We require full payment of the relevant consultation fee at the time of booking an appointment and for the avoidance of doubt we are under no obligation to honour a booking unless you have done so.

All payments must be made through the Website via Visa or Mastercard. We will not retain any credit card details beyond the payment being made.

We will email a receipt to the relevant email address that you have provided to us. The receipt (and any other documentation that we send to your nominated email address, which may include medical details relating to you) will not be encrypted or password protected, so you should ensure that the email address that you nominate is one that only you can access (unless you are happy for others who can access the email account to be able to read the sent documentation).

If you have provided your current Medicare card details to us and a Medicare rebate is applicable then we will automatically process your Medicare claim (so that the Medicare rebate should subsequently be credited to the relevant account that you have nominated to Medicare).

Your Consultation

1. No guarantee regarding outcome

   We do not provide any warranty or guarantee that:

2. a remote consultation is appropriate for your particular medical issue; or

3. that the consultation will result in a diagnosis or prescription for you,

   including due to it being necessary or desirable that you be referred for an in-person consultation or tests.

4. Recording

   You must not record a consultation (whether as an audio or video recording) without the consent of the consulting doctor.

   We may record the consultation, but (subject to the following) only for the purposes of automated conversion to a written notes of the consultation and any such recording will be deleted after the conversion.

   From time to time we may invite patients to participate in research projects, which could involve using consultation recordings for research or related purposes. If this arises, we will inform you at the time, explain how the recordings (and any other personal information) will be used, and seek your consent before any such use. Your participation will always be voluntary, and if you do not provide consent, this will not affect your care.

After Your Consultation

1. Rely on your GP

   You must consult with your GP (or consult any nurse support service that we provide or arrange, or make another appointment with us) if:

   • your medical condition changes or worsens;
   • you suffer any side-effect or complication of any medication we prescribe or of any procedure we recommend; or
   • you have any questions about your health management plan.

   If we (or any nurse support service that we provide or arrange) request that you consult with your GP then you must do so.

2. Retention of information by us

   Subject to the law, we exclude any obligation to retain any information about you after your consultation and you agree we may destroy it at any time after your consultation.

Website

1. Nature of our Website

   Our Website provides general information, not medical advice. The information on our Website is of a summary nature, might not address issues applicable to you, or might make assumptions that do not apply to you. Parts of our Website may not be updated regularly, so that they may be out of date.

   Your use of our Website (including sending any communication to us through it or via email) or any of its contents does not create any obligation for us to provide medical advice to you or otherwise respond to you, and you must not rely upon any of the contents without obtaining corresponding medical advice from us.

2. Links to other websites

   Our Website may contain links to other websites for your convenience. We do not control the content of those websites or endorse them in any way. To the extent permitted by law, we make no warranties or representations regarding that content and exclude any liability to you in relation to it.

3. Copyright

   Copyright in our Website is owned by us or third parties from whom we have licensed it. Subject to any exceptions that cannot be excluded under any applicable law, and subject to the rights granted to you in these Terms of Service, we reserve all rights in our Website and you must not in any way reproduce, publish, communicate or adapt any part of our Website without our prior written approval.

   You may, for non-commercial purposes:

   • browse or print a copy of any part of our Website solely in order to view it; and
   • communicate any part of our Website to others provided that the relevant part is a self-contained whole (e.g. an entire article), you include an attribution to us and you include these Terms of Service.

4. Liability for Website content

   To the extent permitted by law:

   • we make no warranty or representation about the accuracy, completeness or fitness for any purpose of the contents of our Website.
   • we exclude any condition or warranty regarding our Website or its contents that would otherwise be implied (by statute or otherwise) into these Terms of Service;
   • we exclude all liability to you on any basis (including negligence) for any loss or damage, however caused, which you may suffer in relation to your use of, or reliance upon, any of the contents of our Website; and
   • any liability of ours in connection with the contents of our Website under any statutory right (including any condition or warranty implied by law or any guarantee or other right under any statute) that by law cannot be excluded is limited to correction or deletion of the content.

General Legal Terms

1. Changes to these Terms of Service

   From time to time we may change these Terms of Service at our discretion with prospective effect without notice to you (other than changing them on our Website), and by continuing your use of our Website or services you accept the revised version.

2. Exclusion of other terms

   To the extent permitted by law, and except as expressly provided in these Terms of Service, all terms, conditions, warranties and representations (in each case whether express, implied, statutory or otherwise) relating in any way to bookings or our services are excluded.

3. Notices

   All notices required or permitted under these Terms of Service must be sent by email to the applicable email address of the receiving party and will be deemed to be delivered when sent unless within 24 hours of it being sent the sender receives a manual or automated response indicating that it was not delivered successfully. The applicable email addresses are:

   For us: support@digitaldermatology.com.au
   For you: as notified to us at the time of making your booking

4. Applicable law

   The agreement between you and us is to be construed according to, and is governed by, the laws of Victoria and both you and we submit to the non-exclusive jurisdiction of the courts in and of Victoria in relation to any related dispute.

Definitions And Interpretation

In these Terms of Service the following phrases have the following meanings:

Digital Dermatology (or “we” or “us”) means Digital Dermatology Pty Ltd (ACN 683 207 721)

Website means our website at www.digitaldermatology.com.au

and the following rules of interpretation apply:

• “including” and similar expressions are not words of limitation (i.e. they should be read as “including but not limited to”); and
• these terms must not be construed to our disadvantage merely because we were responsible for their preparation.