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Use of the website www.medcallz.com.au (the “Site”) and the Medcallz platform (the “Platform”) is subject to these Terms of Service (“Terms”) and all applicable laws. These Terms may be revised or varied at any time without notice. By accessing or using the Site or Platform, You accept and agree to be bound by these Terms, as varied from time to time.
We operate an online technology platform that enables independent Australian-registered health practitioners (“Providers”) to offer telehealth consultations to patients (“Patients”) via videoconference and other communication technologies. Medcallz:
Providers independently use the Platform to offer medical or healthcare consultations (“Consultations”) to Patients via telehealth.
The healthcare services provided during a Consultation are supplied solely by the relevant Provider. The contract for healthcare services is between the Patient and the Provider.
Like local General Practitioners (“GPs”), many factors may impact the availability of Providers or the operation of technology. Whilst We endeavour to maintain Platform availability, the making of a booking does not guarantee that a Consultation will occur at a specified time or at all.
You acknowledge and agree that:
All medical or healthcare-related queries must be directed to a Provider.
We do not warrant or represent that any medication, treatment or advice provided by a Provider during a Consultation is safe, appropriate or effective.
Information contained on the Site (other than information provided directly by a Provider during a Consultation) does not constitute medical advice and should not be relied upon as a substitute for consultation with a qualified healthcare professional.
The services offered via the Platform are not suitable for serious medical conditions, medical emergencies or matters requiring immediate or urgent treatment (“Emergencies”).
If You require urgent medical assistance, You must:
The Platform is not an emergency service and must not be used for emergency care.
The services offered by the Site are not intended to be a substitute for the ongoing involvement of your usual GP or other medical professional responsible for managing your day-to-day health needs.
Patients are encouraged to schedule follow-up visits with their primary physician and record their GP's details under 'My Profile' to help facilitate proper holistic management of their conditions.
Like ordinary GP services, the effectiveness of any Doctor's service is dependent on complete and truthful answers to all questions asked to assess the appropriateness of treatments and medications for Patients. The Patient (or guardian of a Patient, if applicable) understands and agrees that they must:
Providers:
Medcallz does not supervise, direct, control, or influence the manner in which Providers deliver healthcare services.
You acknowledge and agree that:
Medcallz Pacific and JSRS Trust are not liable for:
To the maximum extent permitted by law, You indemnify Medcallz and its related entities against any claims arising from:
EXCEPT AS REQUIRED BY LAW, ALL PLATFORM SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
Nothing in these Terms excludes rights under the Australian Consumer Law that cannot lawfully be excluded.
You acknowledge and agree that We are not liable for the care of a Patient or for any medical, healthcare or other advice (including prescriptions) given by a Doctor. We are not liable for, and You indemnify Us (and our related bodies corporate and their respective officers, employees and consultants) against any and all claims, actions, proceedings, losses, liabilities and expenses (including legal expenses on a full indemnity basis) in any way arising from or relating to:
EXCEPT AS EXPRESSLY STATED IN AN AGREEMENT BETWEEN YOU AND MEDCALLZ, ALL CONTENT, SERVICES, PRODUCTS AND SOFTWARE PROVIDED ON THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE SITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES OFFERED BY US ON THE SITE FOR YOUR INTENDED APPLICATION AND USE. WE DO NOT WARRANT THAT THE SITE, ITS CONTENT, OR THE PRODUCTS AND SERVICES OFFERED ON THE SITE WILL MEET YOUR REQUIREMENTS.
Nothing in these Terms or otherwise is intended to exclude or limit the operation of the Australian Consumer Law or any other laws implying terms, conditions or warranties into contracts for the supply of goods or services which cannot be excluded. Subject to this clause, and to the fullest extent permitted by law, all implied rights, remedies, guarantees, conditions and warranties are hereby excluded.
The Site offers a convenient service for Patients with straightforward, non-emergency medical needs. By accessing the Site, You acknowledge and agree that:
Consultation fees are determined solely by the Provider.
Where payments are processed via the Platform:
Fees are pre-authorised and processed at the conclusion of a Consultation.
Refunds may be provided if:
Refunds are otherwise governed by the Provider’s policies and applicable law.
Payment options are displayed on the Site. You agree to pay all fees or charges in accordance with these Terms and the fees and charges in effect at the time a fee or charge is due and payable.
All fees and charges associated with a Consultation are pre-authorised on the credit card provided and You agree that We are authorized to immediately process the payment at the end of Your Consultation. You will never be charged more than the pre-authorised amount. The Consultation fee will be refunded if the Doctor cancels the appointment, or if there is a technological failure that prevents an effective Consultation between Patient and Doctor. Technological failure is assessed and logged by the Doctor. The Consultation fee is generally not refundable if You, as a Patient, cancel an appointment within 10 minutes prior to it starting or fail to attend at the scheduled time.
We cannot guarantee that a Doctor assigned to take a Consultation will be available at the appointed time. However, if a Doctor is unavailable, we will endeavour to source an alternate and will notify you as soon as possible in the event that your Consultation is cancelled.
We respect a Patient's right to nominate their preference of Doctor (e.g. the gender of their Doctor or the ability to speak a language other than English) and if possible We will accommodate preferences, but whether or not We can do so is dictated by availability.
The duration of each Consultation is up to 15 minutes. Neither We nor any other person guarantees that the Patient can be diagnosed and a treatment plan finalised within that time period. The Patient may end the Consultation at any time, however will be charged for a full 15 minute Consultation. A Doctor has full discretion to:
for any reason they consider reasonable.
Complex medical problems may not be suitable for Telehealth Consultation as they may require a longer time than 15 minutes. In most cases it will not be an option to extend your Consultation beyond the initial 15 minutes, however arrangements can be made with the Doctor to book a further appointment at another time if appropriate.
All prescribing decisions are made solely by the Provider in accordance with applicable laws and professional standards.
Medcallz does not influence or approve prescribing decisions.
All prescriptions written after a Consultation are passed on by the Doctor directly to a Quality Care accredited Australian pharmacy. The Patient is always given a choice as to whether they wish their own local pharmacist to dispense a prescription. If the Patient does not express a preference, then a pharmacy allied with Us may dispense the medication following the same guidelines as any other Quality Care pharmacy provider.
How a Consultation is conducted is determined by the Provider and may include video or telephone.
No communication between Patient and Provider outside the allocated Consultation time is authorised unless agreed by the Provider.
How a Consultation is conducted (including any follow-up of a questionnaire received for a prescription) is up to the Doctor and may include WebRTC video, telephone or a combination of these things. Email, instant messaging and fax may not be used for Consultations. You will, however, be required to provide an email address or fax number in case the Doctor wishes to send paperwork to You or the Patient after the Consultation.
Please note that no communications between a Doctor and a Patient is authorised outside of the allocated Consultation time without the prior written approval of the Doctor.
The Site and its entire contents, features and functionality (including but not limited to all information, compilation, organization and display of the content, as well as all software, images, logos, video and audio), are the exclusive property of Us and are protected by laws relating to intellectual property. These Terms permit you to use the Site for your personal, non-commercial use only. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
JSRS Trust complies with the Privacy Act 1988 (Cth).
Providers are independently responsible for complying with their own privacy and professional obligations.
Please refer to our Privacy Policy for further details.
We are required to comply with the obligations under the Privacy Act 1988 (Cth). We respect your right to privacy and have devoted considerable effort toward ensuring that Your personal information is secure. We have developed a Privacy Policy to inform You about Our privacy practices, which You can view here.
