1.     Telecare

1.1.  Telecare Australia Pty Ltd operates the website located at www.telecareonline.com.au and other related websites and mobile applications with links to the Site (hereinafter collectively referred to as “the  Site”). The Site assists you to access e-health and telemedicine services by providing an interface between you and health care professionals (“Health Providers”) who also use the Site.

1.2.  These Terms of Use and Privacy Policy set out the terms and conditions of a contract between you and Telecare governing your access to, and use of, the Site. By visiting, registering for, or using, this Site, you agree to be bound by and abide by these Terms of Use and Privacy Policy.

1.3.  You acknowledge that Telecare reserves the right from time to time to change these Terms of Use and/or Privacy Policy without prior notice or your consent, and you are responsible for informing yourself of any changes to these Terms of Use and/or Privacy Policy.

1.4.  If you do not agree with any changes to our Terms of Use or Privacy Policy, you should immediately cease use of our Site and any other products or services governed by the Terms of Use and/or Privacy Policy. Your continued use of the Site, products or services will indicate your acceptance and agreement with the updated Terms of Use and Privacy Policy.

1.5.  If you do not comply with the Terms of Use, we may, in our absolute discretion, suspend or terminate your access to the Site.

2.     Limitation of Services

2.1.  Telecare does not itself provide any medical or health service but merely provides the platform which enables you to access health services from a Health Provider.

2.2.  Telecare does not employ any Health Provider or have a financial interest in any Health Provider save for the purposes of receiving fees for services.

2.3.  Any medical or health information provided to you by Telecare has been prepared by the Health Providers and is forwarded to you by Telecare in good faith but without offering or providing medical or health advice.

3.     Health Care Services

3.1.  Telecare does not guarantee that an e-health or telemedicine consultation is the appropriate course of treatment for your particular health care problem. The Health 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.

3.2.  In some circumstances a physical examination, blood tests, diagnostic imaging or other tests may be required. These cannot be delivered via an e-health consultation. If the Health Provider decides that any or all of these are required, the Health Provider will direct you to make an appointment for an in-practice consultation with your local general practitioner.

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 Telecare employees and any Health Providers for the purpose of conducting a medical consultation. You understand and agree that this information may be exchanged electronically.

3.4.  All services provided by this Site are provided on a ‘best endeavours’ basis. Consultation requests made electronically from this Site will be forwarded to a Health Provider as soon as possible. Due to the range of third-party networks and innovative technology used for this transmission, Telecare is unable to guarantee a time of arrival of the consultation information for a Health Provider’s attention or guarantee that it will arrive.

3.5.  You acknowledge that the Site and other products or services are subject to delays and limitations inherent in the use of the electronic transmission and Telecare is not responsible for any delay or failure in the arrival of the consultation information.  

3.6.  You acknowledge and agree that we may at times send you communications regarding your account or the Site and other products or services, by phone or email. You can contact us at any time to let us know that you no longer want to receive these calls or emails from us.

4.     Your Obligations

4.1.  You agree to provide all information requested by Telecare or a Health Professional and warrant that all information which you provide is accurate, compete and up to date.

4.2.  You agree to contact your own doctor immediately if directed to do so or if your condition changes or your symptoms worsen.

4.3.  You must inform and keep the Health Provider informed of any side effects or other issues arising from any treatment provided by the Health Provider through the Site.

4.4.  You must inform your GP and any other health care professional about any medical treatment received via the Site.

4.5.  If a Health 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 Site or any advice given by a Health Provider, you should seek clarification from the Health Provider immediately.

5.     Prescriptions

5.1.  You agree that any medications prescribed for you by a Health Professional as part of the e-health service will be issued by the Health Professional electronically 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.

5.2.  You are responsible for paying the pharmacy for dispensing and supply of medication.

5.3.  Prescriptions are issued entirely at the discretion of the Health Provider. Telecare cannot guarantee a consultation with a Health Provider will result in a prescription being issued.

5.4.  Telecare is not responsible for the failure of any third party to deliver medicines to the correct address or within any particular timeframe. You 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 medicines.

5.5.  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.

5.6.  It is your responsibility to inform your GP and other health professionals about medicines supplied and advice given to you through the Site.

5.7.  We are not liable for damages which arise from your failure to inform your GP or other healthcare professional about treatment you receive from the Site.

6.     Release of Liability

6.1.  You release Telecare 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 Health Provider.

6.2.  You agree that Telecare is not liable for any loss, damage, expense or claim arising from damage, loss, injury or death caused directly or indirectly by the Health Provider and you release Telecare from liability for any claim arising from any of those circumstances.

6.3.  You agree that neither Telecare nor any Health 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 3 (Your obligations).

6.4.  You agree to indemnify, defend, and hold harmless Telecare and any Health Provider from any and all loss, cost, liability, and expense arising from or related to your breach of the Terms of Service.

6.5.  For the purposes of these Terms of Use, a reference to Telecare includes a reference to the directors, officers, agents and suppliers of Telecare.

7.     Intellectual Property and Data

7.1.  You agree to grant to Telecare a non-exclusive, royalty-free licence to use any intellectual property that you may provide to Telecare for the purposes of allowing Telecare to provide services to you.

7.2.  You acknowledge that Telecare is the owner of the all rights, title and interest in and to the Site, including all intellectual property rights therein, and you agree that you will not modify, edit, copy, reproduce or redistribute any works from the Site.

8.     General

8.1.  If the whole or any part of these Terms of Use is invalid, unenforceable, illegal, void or voidable for any reason, the Terms of Use will be construed and be binding on the parties as if the invalid, unenforceable, illegal, void or voidable part had been deleted from the Terms of Use or read down to the extent necessary to overcome the difficulty.

8.2. The Terms of Use are governed by the laws in force in the State of Victoria, Australia. By visiting and using the Site you unconditionally submit to the jurisdiction of the courts of that State and all courts with jurisdiction to hear appeals from those courts.