What are these Terms of Use?

These are the terms and conditions that apply to your use of the various platforms and mobile apps that HealthNow by Telstra makes available to you (as varied by us from time to time) (Telstra Health Products).

The first part of these terms contains the ‘General Terms’. These are the terms that always apply no matter which Telstra Health Product you are using. The second part of these terms contains the ‘Product Terms’ and these are additional terms that apply depending on what product you are using. To the extent a Product Term is inconsistent with the General Terms, that Product Term will prevail. 

The General Terms, along with any Product Terms that apply to you, make up the Terms of Use that apply to your use of Telstra Health Products. By using any Telstra Health Product you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use (or the corresponding privacy statement) then you must not use any Telstra Health Product (in which case we will delete any of your personal information we have collected to this point).

General terms

1. Application 

1. The Telstra Health Products are provided to you by Telstra Corporation Limited (ABN 33 051 775 556), Telstra Health Pty Ltd (ABN 38 163 077 236) and Telstra ReadyCare Pty Ltd (ABN 29 601 537 928) (we, our or us). We may rely on our affiliates and select third parties to assist us in making the Telstra Health Products available. 

2. You, your or yours means:

a. a customer or patient who uses the Telstra Health Products; or

b. a medical or allied health professional who uses the Telstra Health Products.

2. Access to Telstra Health Products and security

1. We may change, suspend or discontinue any part of your access to or use of Telstra Health Products at any time in our sole discretion and without any liability to you. If a change is detrimental to you, you may cease using the relevant Telstra Health Products by giving us notice. 

2. We may revise, change or modify these Terms of Use at any time by making updated terms of use available through your Telstra Health Products or through our websites. If we do so, a notification will appear on your next login directing you to the updated terms of use. Continued use of Telstra Health Products will be deemed acceptance of the updated terms of use. 

3. If we permanently end your access, any personal information that was collected by us may be permanently deleted. 

4. You need to take security seriously when using Telstra Health Products, especially with usernames and passwords. If you give anyone your password then you consent to them accessing the relevant Telstra Health Product on your behalf, including accessing your personal and sensitive information. You must notify us immediately if you become aware of any unauthorised access to or use of your account. 

3. Intellectual Property 

1. Nothing in these terms of use transfers any intellectual property or proprietary rights in and to the Telstra Health Products.

2. We (or our licensors) retain ownership of all intellectual property rights in and to Telstra Health Products, including messages and content we make available to you. We grant you a licence to use Telstra Health Products for your personal and non-commercial purposes only. For clarity, except as permitted by the Copyright Act 1968 (Cth) you must not:

a. copy, upload, transmit, reproduce, distribute or in any way exploit or commercialise any services, content, technology or intellectual property rights obtained through a Telstra Health Product;

b. reverse engineer, decompile, modify, translate, use for competitive analysis, create derivative works from, disassemble, disable or tamper with any part of the software forming part of a Telstra Health Product;

c. rent, lease, lend, resell or sublicense your rights to use and access a Telstra Health Product (or any content available through a Telstra Health Product); or

d. provide any third party with access to a Telstra Health Product without our prior written permission.

3. You (or your licensors) retain ownership of all intellectual property rights in any content that you submit to Telstra Health Products. 

4. You grant us a royalty-free, sub-licensable, transferable, irrevocable, worldwide and perpetual licence to use, reproduce, adapt and display any contributions you make to Telstra Health Products in connection with our operation of Telstra Health Products. 

4. Third Parties 

1. Your Telstra Health Products may contain products and services provided by third parties (Third Party Products and Services). Third Party Products and Services are provided directly as between you and the relevant third party, and the inclusion of any Third Party Products and Services does not imply that we or our licensors endorse them or their content and we make no representations whatsoever in this regard. 

2. A link or reference to a third party site (Third Party Site) does not imply that we or our licensors endorse them or their content and we make no representations whatsoever in this regard. 

3. To the extent permitted by law, we do not accept any liability in connection with the use or content of any Third Party Products and Services or the use or content of any Third Party Site. This is a matter for your agreement with the relevant third party. 

4. You should contact the relevant third party directly if you have any queries or concerns regarding the Third Party Products and Services or Third Party Site. 

5. Disclaimers and Acceptable Use 

1. You are solely responsible for your use of Telstra Health Products and for the accuracy and suitability of any information or data that you upload to or record using Telstra Health Products. 

2. You warrant that you are responsible for your medical affairs and associated recordkeeping and that any medical and treatment decisions made by you are based on independent professional medical advice, diagnosis, treatment or judgment. 

3. You acknowledge and agree that Telstra Health Products, and any information, communications or content you receive from us, are not designed for, and must not be relied upon in relation to, any critical, emergency or acute care circumstances, and are not a substitute or replacement for independent professional medical advice, diagnosis, treatment or judgment. 

4. In accessing or using Telstra Health Products (including by submitting any information or contributions, or transmitting any images, to Telstra Health Products) you must ensure that you do not: 

a. breach any laws, or encourage or assist the commission of any illegal act;

b. infringe any person’s rights, including intellectual property and proprietary rights, rights of confidentiality or contractual rights; 

c. include any material that contains any virus or harmful code, or program that is designed to impair the performance of Telstra Health Products or any device accessing Telstra Health Products; 

d. impersonate any other person;

e. negatively impact any other users’ ability to access and use Telstra Health Products;

f. publish or link to malicious content; or

g. engage in conduct which is unlawful, defamatory, obscene, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person, or which will or is reasonably likely to damage our reputation or our services (including Telstra Health Products). 

6. Availability and accuracy of information

1. While we use our best efforts to make sure that Telstra Health Products are great, we do not promise that they will always be accurate or defect free, or that they will be compatible with any of your other systems or services. We also don’t promise anything in relation to the timeliness, accuracy, suitability, quality, speed or completeness of any information, content, products or services available via any Telstra Health Products, or that the information collected, displayed or communicated by Telstra Health Products is always accurate or complete. For example, if you use the service to calculate your eligibility for an MBS rebate, we do not guarantee that this is accurate. 

2. Since the internet is not a fully secure environment, we cannot guarantee that Telstra Health Products are free from viruses or other harmful code, or the security of any information you transmit to or via Telstra Health Products. Access to and use of Telstra Health Products is at your own risk. 

3. We are not under any obligation to provide any updates, new releases or maintenance of Telstra Health Products. 

7. Liability 

1. You must not use or access Telstra Health Products for any purpose not permitted or contemplated by these Terms of Use (or otherwise not authorised by us) or which is unlawful (a Non-Permitted Use). 

2. To the extent permitted by law: 

a. neither we nor our licensors, suppliers or any other third party referred to in Telstra Health Products are liable for any loss, cost, damage or injury arising out of: 

i. the provision of Telstra Health Products or any content available on or via your HealthNow Account; or 

ii. any use or misuse by you (or other people) of Telstra Health Products  or your HealthNow Account or any content available on or via your HealthNow Account; and

b. all express or implied guarantees, warranties, representations or other terms not contained in these Terms of Use are excluded. 

3. To the extent permitted by law and subject to clause 8.4, we are not in any way liable to any party for any indirect, incidental, special or consequential damages or loss (without limitation including damages for loss of profits, business interruption, loss of information or damage to systems due to viruses or other harmful components) arising from the access to and use of Telstra Health Products. 

4. Where any guarantee, warranty, term or condition is implied or imposed into these Terms of Use by legislation, and liability for breach cannot be excluded but can be limited, then our liability for breach of that guarantee, warranty, term or condition is limited to one or more of the following (at our option): 

a. in the case of goods, the replacement of the goods or supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or 

b. in the case of services, the re-supply of the services, or the payment of the cost of re-supplying the services. 

8. Privacy

1. We will comply with applicable privacy and health records laws and the applicable HealthNow Privacy Statement in the collection, handling and use of any personal information that we acquire about you in connection with your use of a Telstra Health Product.

2. The applicable HealthNow Privacy Statement explains how we may use and disclose that information.  In particular, we will use your personal or health information for the purposes of providing you with access to and use of Telstra Health Products, ongoing product maintenance and development and the other purposes set out in the applicable HealthNow Privacy Statement.  

3. A copy of the HealthNow by Privacy Statements are available at [#insert link].

9. General 

1. Entire agreement: These Terms of Use comprise the entire agreement between you and us in relation to your access to or use of Telstra Health Products. 

2. Applicable law: These Terms of Use are governed by the laws of the Australian State or Territory in which you principally reside, and we and you each submit to the exclusive jurisdiction of those courts. 

3. Severability: If any of these Terms of Use are invalid, unenforceable or illegal, the remaining Terms of Use will continue to apply. 

4. Assignment: You must not assign or novate these Terms of Use or otherwise deal with their benefit or a right under them without our prior written consent, which may be withheld at our absolute discretion. We may at any time, without notice to you, novate or assign our rights and obligations under these Terms of Use, and to the extent necessary you hereby consent to such novation, assignment or transfer. 

5. Telstra Health Products may enable you to access and use maps and other online geographical information owned and operated by Google Australia Pty Ltd (Google Services). In using Google Services through Telstra Health Products, you agree: 

a. to be bound by Google’s Terms of Service which can be accessed at the following link: https://www.google.com/intl/ALL/policies/terms/index.html, and you indemnify us and our Affiliates against any loss, cost or damage arising from any failure by you to comply with Google’s Terms of Service; and 

b. that Google may use your data (which might include personal information) in accordance with Google’s Privacy Policy which can be accessed at the following link: https://www.google.com/intl/ALL/policies/privacy/index.html 

c. Google Services content (including map data, traffic, directions and places) is provided for planning purposes only.  You may find that weather conditions, construction projects, closures or other events may cause road conditions or directions to differ from the results depicted in the content of the Google Services.  You should exercise judgment in your use of such content; and 

d. we do not control, and do not accept responsibility for, the content of and information contained or displayed within the Google Services.

6. Contact: All correspondence regarding these Terms of Use should be addressed to: support@health.telstra.com

Product terms - Telehealth Doctor Service

1. What is TeleHealth? 

1. The TeleHealth Doctor Service is provided by Telstra ReadyCare Pty Ltd conducted in English and may include: 

a. a telephone service for enquiries about the service, including its suitability for a consultation in relation to a particular customer’s condition, illness or injury; 

b. a telephone booking service for telephone or video consultations with doctors (Doctors); and

c. the provision of an online telehealth phone and video facility platform for medical consultations between customers and Doctors (Medical Consultations).

2. The Doctors who provide Medical Consultations through the Telehealth Doctor Service are located in and provide services from Australia in accordance with Australian medical regulation and standards. 

3. If you access a Medical Consultation from jurisdictions outside of Australia, you acknowledge and agree that: 

a. the Doctors may not be registered to practice medicine in jurisdictions outside of Australia;

b. the practice by the Doctor: 

i. is limited to the provision of general advice by the Doctor in accordance with Australian medical standards; and

ii. does not include treatment of your condition by the Doctor, including prescribing pharmaceuticals, issuing medical certificates or referrals to specialist treatment.

4. The TeleHealth Doctor Service cannot be used for emergency or life threatening conditions, illnesses or injuries.  If you need emergency assistance please call 000 for immediate help.

5. Some other conditions and circumstances will also not be appropriate for TeleHealth.  ReadyCare or the Doctors will determine this on a case by case basis at its complete discretion.

2. Eligibility and Registration 

1. To be eligible to access and use the TeleHealth Doctor Service: 

a. if you are a patient, you must: 

i. be at least 18 years old or have a parent or legal guardian present while using the TeleHealth Doctor Service;

ii. only access and use the TeleHealth Doctor Service in relation to yourself (that is, where you are the relevant patient), your dependent child or person for whom you are legally responsible in relation to that person’s medical affairs;

iii. register to use the Telehealth Doctor Service in accordance with our registration process;

b. if you are a Doctor, you must register to use the Telehealth Doctor Service in accordance with our registration process; and

c. you must satisfy any other eligibility criteria specifically notified to you.

2. As part of the registration and booking process, you will be required to provide certain information about yourself to enable us to verify your identity and eligibility for the TeleHealth Doctor Services. This information must belong to you and be true, accurate, complete and up to date, and by registering, you warrant to us that this is the case. If any of the registration information changes then you must promptly notify us of those changes. 

3. If a patient wishes to use the TeleHealth Doctor Service for a dependent child or other person for whom they are legally responsible in relation to that person’s medical affairs, we will also require you to provide the child or individual’s details and verify that you are the child’s parent, legal guardian or legally authorised individual (as applicable).

4. You may be issued with a user name and password and be required to answer security questions in order to access and use the TeleHealth Doctor Service.  It is your responsibility to maintain the confidentiality and security of your password and answers to security questions and for any activity that occurs under your user name and password.  

3. Acknowledgements

1. You acknowledge and agree that:

a. the relationship between patient and Doctor, in relation to a Medical Consultation is directly with one another.  Our role in relation to a Medical Consultation is limited to the provision of an electronic medium through which the patient and medical practitioners can interact with each other;

b. the Doctors are not our employees, representatives or agents;

c. we do not guarantee that the Telehealth Doctor Services are always accurate, error or defect-free, uninterrupted or reliable, or that they will be compatible with any of your other systems or services, and we make no representations or warranties as to the timeliness, accuracy, suitability, quality, speed or completeness of any information, content, products or services available via the TeleHealth Doctor Services;

d. the TeleHealth Doctor Services are intended to facilitate communication between patients and Doctors and are not intended to be used for primary record keeping.  We recommend Doctors keep their own records and make no representations or warranties as to the accuracy, maintenance or retention of any data; and

e. you will maintain and safeguard the privacy and security of all personal or confidential information that you obtain access to in relation to the Services.

2. You agree to comply with any of our reasonable instructions, directions, policies or procedures regarding use of the TeleHealth Doctor Services notified to you from time to time by us.

4. Bookings 

1. When you have completed the registration process, you may request a booking for a Medical Consultation with a Doctor. We aim, but do not guarantee, booking times, even when these are confirmed to you.

2. A booking will be for a window of time, typically 30 minutes in length, on an agreed day during which the Doctor will call you.  You must ensure you are available and answer the Doctor’s call during the booking window, or return the call immediately if it goes to voicemail.

3. If we agree to provide you with a video consultation we will send you the minimum technical requirements and recommendations to ensure a high quality connection is established.

5. Nature of consultations 

1. The TeleHealth Doctor Service offers an online platform by which consultations may be conducted between patients and Doctors by telephone and in some cases, video consultations.

2. Not all Medical Consultations are appropriate for telephone or video consultation and each proposed consultation must be assessed on a case by case basis.  

3. In the case of a Medical Consultation booking, you may need to provide information to a receptionist before the booking to assist them to assess whether a Medical Consultation is appropriate in that case.  

4. The Telehealth Doctor Services may not achieve everything that is needed and it may be necessary for you to attend a face-to-face visit with a general practitioner, or attend a further Medical Consultation.

5. The patient may elect to cease a Medical Consultation at any time, including during a Medical Consultation.

6. No medical advice other than by Doctor 

1. Any information on or accessed via the TeleHealth Doctor Services and any information we provide to you (by whatever means of communication) is intended for information and educational purposes only and, other than the Doctor consultation, is not intended to be a substitute for medical advice, diagnosis and treatment, or to cure or prevent disease.

7. Recording of calls 

1. The TeleHealth Doctor Service records all telephone calls with customers, including enquiries and bookings, to ensure it maintains its high standards of clinical care, and for verification and training purposes.

2. We will not record any video consultation with you.

3. We will not proceed with your registration if we cannot record the initial telephone call with you where we obtain your details and agreement to these terms of use and our Privacy Statement. 

4. While we will use systems to protect against privacy and security breaches, it is possible that the recording of a Medical Consultation may be affected by hacking or other security breaches. Where you have agreed to recording of consultations, you acknowledge and accept this risk.

5. You must not record or transmit audio or video of any Medical Consultation provided via the Telehealth Doctor Services without the prior written consent of each participating medical practitioner and us. 

8. Transmission of photographs 

1. We or a Doctor, may request that the patient provide a photograph for clinical purposes to assist the Doctor undertaking the Medical Consultation.

2. You must inform us or the Doctor undertaking the Medical Consultation of the date a photograph was taken when sending a photograph, if it was not taken on the same day as it is sent. You must not send us a photograph of any other person other than you or your dependent child.

3. You must only transmit such images to us as are necessary for the Doctor to provide the Medical Consultation.  You must not send images that contain unnecessarily sensitive content which is not required for clinical purposes.  You must not send us any material that is of a sexual nature or may be considered offensive.

4. You must also take care to follow the instructions provided by us in transmitting the image to us and to the Doctor undertaking the Medical Consultation, particularly in the context of the risk of inadvertent transfer and disclosure to a third party.

5. In transmitting any photograph to us or to the Doctor undertaking the Medical Consultation, you give your express acknowledgement and consent to the disclosure and use of the image by us and the Doctor for the purpose of the Medical Consultation, and all disclosure and use as reasonably necessary to facilitate that Medical Consultation.  For the avoidance of doubt this may include disclosure of the photograph to technical, administrative and other staff supporting the TeleHealth Doctor Services.

6. If you consent, we may also use de-identified images for training and education purposes to improve the quality of the TeleHealth Doctor Services.

7. When we or the Doctor receive the photograph of the patient it will form part of the patient’s medical record.

8. If you send information from a system provided by your workplace, you should also be aware of any policies that allow your employer to view your emails and attached documents and images.

9. Fees –Medical Consultation 

1. To secure a booking for a general Medical Consultation (Medical Consultation), you will be charged a fee (Fee), which will be advised by us. A Medical Consultation will not attract any rebate under either Medicare or private health insurance.

2. If the Fee is to be paid by one of our corporate customers, we will need to check your eligibility as determined by that corporate customer.

3. If you are required to pay the Fee personally you will need to have an eligible credit or debit card to make payment.

4. Cancellation fees 

a. You can cancel an appointment for a Medical Consultation by emailing support@health.telstra.com.

b. You will only be entitled to a refund if you cancel your appointment for a Medical Consultation at least 24 hours prior to the time of the appointment.

5. If you do not answer our or the Doctor’s call, or return our or the Doctor’s call during the booking window, you will forfeit the booking for the Medical Consultation and still be liable to pay the Fee.

10. Complaints and disputes 

1. If you have any concerns or complaints regarding the TeleHealth Doctor Services, please report it to support@health.telstra.com

2. You acknowledge that complaints that relate to our TeleHealth Doctor Services should be made to us, whereas:

a. complaints regarding treatment by your Doctor should be addressed directly to them; and

b. if one of our corporate customers is paying for your use of the TeleHealth Doctor Services, complaints that relate to your coverage eligibility or in relation to our corporate customer should be addressed to them.  

3. While we hope that we will be able to resolve any complaints you may have without needing to involve third parties, you may also be able to lodge a complaint with a relevant regulator in your State or Territory.

11. Termination 

1. We reserve the right to decline, suspend or terminate your access to the TeleHealth Doctor Services (including during a Medical Consultation), or cease the TeleHealth Doctor Service in its entirety, at any time for any reason, including for a breach of these terms of use by you or for our own business reasons. If this occurs you will no longer be able to access some or all of the TeleHealth Doctor Service, as determined by us.

2. Where we terminate your registration or any of the TeleHealth Doctor Services for a breach of these terms of use by you, we will have no liability to you.

3. Where we terminate your TeleHealth registration for our own business reasons, we will refund you any prepaid Medical Consultations which you have not used.

4. To the extent permitted by law, you will not otherwise be entitled to a refund of any prepaid Medical Consultations.

5. If your access to the TeleHealth Doctor Service is terminated we will retain your information in accordance with applicable regulatory requirements.

Product terms - Telehealth Specialist Service

1. What is TeleHealth? 

1. The TeleHealth Specialist Service is conducted by Telstra Health Pty Ltd in English and may include: 

a. a telephone service for enquiries about the service, including its suitability for a consultation in relation to a particular customer’s condition, illness or injury; 

b. a telephone booking service for telephone or video consultations with medical specialists, psychologists or allied healthcare providers (together, Specialists); and

c. the provision of an online telehealth phone and video facility platform for medical, psychological or allied health consultations between customers and Specialists (Medical Consultations).

2. The Specialists who provide Medical Consultations through the Telehealth Specialist Service are located in and provide services from Australia in accordance with Australian medical regulation and standards. 

3. If you access a Medical Consultation from jurisdictions outside of Australia, you acknowledge and agree that: 

a. the Specialists may not be registered to practice medicine in jurisdictions outside of Australia;

b. the practice by the Specialist: 

i. is limited to the provision of general advice by the Specialist in accordance with Australian medical standards; and

ii. does not include treatment of your condition by the Specialist, including prescribing pharmaceuticals, issuing medical certificates or referrals to specialist treatment.

4. The TeleHealth Specialist Service cannot be used for emergency or life threatening conditions, illnesses or injuries.  If you need emergency assistance please call 000 for immediate help.

5. Some other conditions and circumstances will also not be appropriate for TeleHealth.  Telstra Health or the Specialists will determine this on a case by case basis at their complete discretion.

2. Eligibility and Registration 

1. To be eligible to access and use the TeleHealth Specialist Service: 

a. if you are a patient, you must: 

i. be at least 18 years old or have a parent or legal guardian present while using the TeleHealth Specialist Service;

ii. only access and use the TeleHealth Specialist Service in relation to yourself (that is, where you are the relevant patient), your dependent child or person for whom you are legally responsible in relation to that person’s medical affairs;

iii. register to use the Telehealth Specialist Service in accordance with our registration process;

b. if you are a Specialist, you must register to use the Telehealth Specialist Service in accordance with our registration process; and

c. you must satisfy any other eligibility criteria specifically notified to you, including any referral criteria.

2. As part of the registration and booking process, you will be required to provide certain information about yourself to enable us to verify your identity and eligibility for the TeleHealth Specialist Services. This information must belong to you and be true, accurate, complete and up to date, and by registering, you warrant to us that this is the case. If any of the registration information changes then you must promptly notify us of those changes. 

3. If a patient wishes to use the TeleHealth Specialist Service for a dependent child or other person for whom they are legally responsible in relation to that person’s medical affairs, we will also require you to provide the child or individual’s details and verify that you are the child’s parent, legal guardian or legally authorised individual (as applicable).

4. You may be issued with a user name and password and be required to answer security questions in order to access and use the TeleHealth Specialist Service. It is your responsibility to maintain the confidentiality and security of your password and answers to security questions and for any activity that occurs under your user name and password.  

3. Acknowledgements

1. You acknowledge and agree that:

a. the relationship between patient and Specialist, in relation to a Medical Consultation, is directly with one another.  Our role in relation to a Medical Consultation is limited to the provision of an electronic medium through which the patient and medical and allied health practitioners can interact with each other;

b. the Specialists are not our employees, representatives or agents;

c. we do not guarantee that the Telehealth Specialist Services are always accurate, error or defect-free, uninterrupted or reliable, or that they will be compatible with any of your other systems or services, and we make no representations or warranties as to the timeliness, accuracy, suitability, quality, speed or completeness of any information, content, products or services available via the TeleHealth Specialist Services;

d. the TeleHealth Specialist Services are intended to facilitate communication between patients and Specialists and are not intended to be used for primary record keeping.  We recommend Specialists keep their own records and make no representations or warranties as to the accuracy, maintenance or retention of any data; and

e. you will maintain and safeguard the privacy and security of all personal or confidential information that you obtain access to in relation to the Services.

2. You agree to comply with any of our reasonable instructions, directions, policies or procedures regarding use of the TeleHealth Specialist Services notified to you from time to time by us.

4. Bookings 

1. Referring Healthcare Providers may book a TeleHealth Specialist video consultation with a Specialist by following the steps below:

a. calling 1800 822 940 and registering for TeleHealth Specialist Services;

b. faxing a referral letter to (03) 8686 1004 or use secure messaging HealthLink: awhclink or Argus argusawhclink@coreplus.com.au;

c. calling 1800 822 940 to book an appointment. Please ensure you provide patient's details including a valid email; and

d. providing your patient with details of the appointment. We will contact the patient via email to explain our billing, cancellation and privacy policies.

2. Patients may book an TeleHealth Specialist video consultation with a Specialist by following the steps below:

a. asking your Referring Healthcare Provider to arrange an appointment with a Specialist;

b. ensuring you provide your Referring Healthcare Provider with up to date contact details including a valid email;

c. your Referring Healthcare Provider will let you know the date and time of the appointment. You will receive an email from us with explanation of our billing, cancellation and privacy policies;

d. please arrive 15 minutes prior to the commencement of your appointment for your telehealth consultation; and

e. booking a follow-up appointment through the Referring Healthcare Provider, if needed.

3. If requested, we can send you the minimum technical requirements and recommendations to ensure a high quality connection is established for your TeleHealth Specialist video consultation.

5. Nature of consultations 

1. The TeleHealth Specialist Service offers an online platform by which consultations may be conducted between patients and Specialists by telephone and in some cases, video consultations.

2. Not all Medical Consultations are appropriate for telephone or video consultation and each proposed consultation must be assessed on a case by case basis.  

3. In the case of a Medical Consultation booking, you may need to provide information to a receptionist before the booking to assist them to assess whether a Medical Consultation is appropriate in that case.  

4. The Telehealth Specialist Services may not achieve everything that is needed and it may be necessary for you to attend a face-to-face visit with a general practitioner, or attend a further Medical Consultation.

5. The patient may elect to cease a Medical Consultation at any time, including during a Medical Consultation.

6. No medical advice other than by Specialist 

1. Any information on or accessed via the TeleHealth Specialist Services and any information we provide to you (by whatever means of communication) is intended for information and educational purposes only and, other than as provided by the Specialist, is not intended to be a substitute for medical, psychological or allied health advice, diagnosis and treatment, or to cure or prevent disease.

7. Recording of calls 

1. The TeleHealth Specialist Service records all telephone calls with customers, including enquiries and bookings, to ensure it maintains its high standards of clinical care, and for verification and training purposes.

2. We will not record any video consultation with you.

3. We will not proceed with your registration if we cannot record the initial telephone call with you where we obtain your details and agreement to these terms of use and our Privacy Statement. 

4. While we will use systems to protect against privacy and security breaches, it is possible that the recording of a Medical Consultation may be affected by hacking or other security breaches. Where you have agreed to recording of consultations, you acknowledge and accept this risk.

5. You must not record or transmit audio or video of any Medical Consultation provided via the Telehealth Specialist Services without the prior written consent of each participating medical practitioner and us. 

8. Transmission of photographs 

1. We or a Specialist may request that the patient provide a photograph for clinical purposes to assist the Specialist undertaking the Medical Consultation.

2. You must inform us or the Specialist undertaking the Medical Consultation of the date a photograph was taken when sending a photograph, if it was not taken on the same day as it is sent. You must not send us a photograph of any person other than you or your dependent child.

3. You must only transmit such images to us as are necessary for the Specialist to provide the Medical Consultation.  You must not send images that contain unnecessarily sensitive content which is not required for clinical purposes.  You must not send us any material that is of a sexual nature or may be considered offensive.

4. You must also take care to follow the instructions provided by us in transmitting the image to us and to the Specialist undertaking the Medical Consultation, particularly in the context of the risk of inadvertent transfer and disclosure to a third party.

5. In transmitting any photograph to us or to the Specialist undertaking the Medical Consultation, you give your express acknowledgement and consent to the disclosure and use of the image by us and the Specialist for the purpose of the Medical Consultation, and all disclosure and use as reasonably necessary to facilitate that Medical Consultation.  For the avoidance of doubt this may include disclosure of the photograph to technical, administrative and other staff supporting the TeleHealth Specialist Services.

6. If you consent, we may also use de-identified images for training and education purposes to improve the quality of the TeleHealth Specialist Services.

7. When we or the Specialist receive the photograph of the patient, it will form part of the patient’s medical record.

8. If you send information from a system provided by your workplace, you should also be aware of any policies that allow your employer to view your emails and attached documents and images.

9. Medical Consultation with a Specialist

1. It may be necessary to obtain a referral from a medical practitioner prior to a Medical Consultation with a Specialist. 

10. Fees – Medical Consultation

1. To secure a booking for a Medical Consultation you may be charged a fee (Fee), which will be advised by us depending on an assessment of your circumstances and the type of service you are seeking. 

2. A Medical Consultation with a Specialist may attract a Medicare or private health insurance rebate. If the Referring GP is present with you during the Telehealth Specialist consultation the Referring GP may be able to claim MBS video consultation items.

3. Information for patients on Telehealth Specialist fees, Medicare rebates, out of pocket costs and cancellation policy are detailed in our Patient Policy available at https://www.anywherehealthcare.com.au/patients/payments/ [Drafting Note: link does not appear to be current]. 

4. If you are required to pay the Fee personally you will need to have an eligible credit or debit card to make payment.

5. Cancellation fees 

a. You can cancel an appointment for a Medical Consultation by emailing support@health.telstra.com 

b. You will only be entitled to a refund if you cancel your appointment for a Medical Consultation at least 24 hours prior to the time of the appointment.

6. If you do not answer our or the Specialist’s call, or return the relevant call during the booking window, you will forfeit the booking for the Medical Consultation and still be liable to pay the Fee.

7. There are no set up or ongoing costs for Referring Healthcare Providers to access the Telehealth Specialist Service, but Referring Healthcare Providers must meet the costs of accessing the Telehealth Specialist Service, including any fees and charges in relation to your access and use of the Telehealth Specialist Service, including data usage charges.

 

11. Complaints and disputes 

1. If you have any concerns or complaints regarding the TeleHealth Specialist Services, please report it to support@health.telstra.com

2. You acknowledge that complaints that relate to our TeleHealth Specialist Services should be made to us, whereas:

a. complaints regarding treatment by your Specialist should be addressed directly to them; and

b. if one of our corporate customers is paying for your use of the TeleHealth Specialist Services, complaints that relate to your coverage eligibility or in relation to our corporate customer should be addressed to them.  

3. While we hope that we will be able to resolve any complaints you may have without needing to involve third parties, you may also be able to lodge a complaint with a relevant regulator in your State or Territory.

12. Termination 

1. We reserve the right to decline, suspend or terminate your access to the TeleHealth Specialist Services (including during a Medical Consultation), or cease the TeleHealth Specialist Service in its entirety, at any time for any reason, including for a breach of these terms of use by you or for our own business reasons. If this occurs you will no longer be able to access some or all of the TeleHealth Specialist Service, as determined by us.

2. Where we terminate your registration or any of the TeleHealth Specialist Services for a breach of these terms of use by you, we will have no liability to you.

3. Where we terminate your TeleHealth Specialist registration for our own business reasons, we will refund you any prepaid Medical Consultations which you have not used.

4. To the extent permitted by law, you will not otherwise be entitled to a refund of any prepaid Medical Consultations.

5. If your access to the TeleHealth Specialist Service is terminated we will retain your information in accordance with applicable regulatory requirements.

Product terms - HealthNow Application

1. What is HealthNow?

1. HealthNow is a mobile application developed by Telstra Health to assist with managing your health needs.  The application includes an option to display your My Health Record – which is the Australian government’s record of your available online health information.  When you download and register with the HealthNow app, you automatically create an account on the HealthNow platform. The information provided when you create an account is shared with other Telstra Health apps you might choose to download in the future, including for the purpose of helping you sign on more easily.

2. HealthNow can also connect you to other health related content which may be relevant to you, and assist in managing other personal health requirements like locating health services, saving contact details for your health providers and scheduling medical appointments.

2. Registration

1. As part of the registration process, you will be required to provide certain information about yourself. This information must belong to you and be true, accurate, complete and up to date, and by registering you warrant to us that this is the case. If any of the registration information changes then you must promptly notify us of those changes in one of the following ways: 
Email: support@health.telstra.com

2. We may require additional information to verify your registration.

3. We will notify you when your registration has been successful. You may only commence access to and use of your HealthNow Account upon receipt of such confirmation.  If your registration is unsuccessful or you choose not to finalise the process, any personal information that was collected by us in the HealthNow Account registration process will be permanently deleted.

4. As a condition of your registration, you warrant to us on a continuing basis that you will only access and use your HealthNow Account where you are the relevant patient and not for or on behalf of any other person unless otherwise authorised within a specific application accessible via your HealthNow Account.

3. Eligibility

1. To be eligible to use a HealthNow Account, you must be at least 16 years old, and if you are under 18 years old you should obtain the consent of a parent or legal guardian prior to using HealthNow.

2. You are permitted to access HealthNow on behalf of another where you are that person’s Nominated Representative as defined by the My Health Records Act 2012 (Cth).

3. You consent to receiving communications and notifications from us within the HealthNow application, as well as by email and/or sms text message to the email address and mobile telephone number recorded in your HealthNow Account. 

4. You agree that we will rely on any ‘opt-in’ consents provided by you as to your receiving communications from us which contain health-related content and/or any alerts or communications prepared by third party organisations.

4. My Health Record

1. A central feature of HealthNow is that it presents your health information as stored in your My Health Record.

2. My Health Record is an Australian Government initiative and administered, controlled and governed by the Australian Government and My Health Record system operator (System Operator). You will have agreed separate terms of use relating to the My Health Record system.

3. The ability of HealthNow 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.

4. HealthNow reproduces certain aspects of your My Health Record. 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 and accordingly 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.

5. By accessing your My Health Record through HealthNow, you consent to us accessing and collecting any personal information contained in your My Health Record on your behalf.  You may withdraw this consent at any time by following the prompts in HealthNow. However, the System Operator is ultimately responsible for ceasing our access to your My Health Record, and accordingly there may be some delay between the time that you withdraw your consent and activation of your request. We do not control this process and therefore do not accept responsibility for any such delay or related unauthorised access to your My Health Record.

6. The intellectual property rights in any content that you submit to your My Health Record will be governed in accordance with any separate terms attached to your use of the My Health Record system.

5. Availability and accuracy of information in HealthNow

1. We do not represent, warrant or guarantee that that the information collected, displayed or communicated by HealthNow is always accurate or complete, including information which relates to the availability, proximity or amount of any Medicare rebate which might apply to any third party health service.  It is your responsibility for confirming such information in your personal circumstances before relying on it.