TERMS AND CONDITIONS
This online platform (Platform) is operated by Private Patient Connect Pty Ltd ACN 620 890 495, its successors and assignees (Private Patient Connect). It is available at: https://www.privatepatientconnect.com.au and may be available through other addresses or channels including on a mobile application.
In these terms and conditions, Platform refers to Private Patient Connect’s marketplace regardless of how a User accesses it. Private Patient Connect’s Platform connects specialist doctors (Specialist Doctors) with patients (Patients) by facilitating introductions between Specialist Doctors and Patients, including by providing a directory of Specialist Doctors on Private Patient Connect’s Platform. Specialist Doctors and Patients are together referred to as Users.
Medical emergencies: If you require immediate medical attention, contact your treating general practitioner or call 000.
DO NOT USE PRIVATE PATIENT CONNECT’S PLATFORM IF:
You have or think you may have an emergency or critical condition or symptom, including, but in no way limited to:
- Severe chest pain
- Heart attack
- Loss of consciousness
- Severe bleeding
- Breathing difficulty
If you are in doubt about the seriousness of your condition, the appropriateness or effectiveness of using Private Patient Connect’s Platform or believe that you, or anyone is in an urgent, dangerous or emergency situation, you should not use Private Patient Connect’s Platform and instead contact 000 immediately or seek alternative and appropriate medical services.
Private Patient Connect and its employees, consultants, suppliers, subcontractors or agents (Personnel) , are not doctors. Users agree that any information, insights or guidance contained on Private Patient Connect’s Platform, whether or not it is published by Private Patient Connect, is not an attempt by Private Patient Connect to practice medicine or provide medical advice. It should not be used to diagnose, treat, cure or prevent any medical condition and should not be used for therapeutic purposes. Private Patient Connect does not endorse, accept or adopt the Specialist Doctors appearing on its site to whom Users may be referred as a result of using the Platform. Use of Private Patient Connect’s Platform does not establish a doctor-patient relationship with Private Patient Connect. Private Patient Connect facilitates a User’s use of the Platform only.
By accessing and/or using the Platform and/or registering for an account (Account), a User warrants to Private Patient Connect that she or he is at least 18 years old, has the legal capacity to enter into these Terms, and that the User has read and understood these Terms.
Platform Summary – Introductory Service Only
Private Patient Connect’s Platform provides an introductory service for Specialist Doctors and Patients.
- Once a Post is created, Private Patient Connect will provide the Patient with responses to the Post from responding Specialist Doctors which may include a Specialist Doctor’s profile, a fee estimate and availability for providing the Specialist Doctor’s services.
- A Specialist Doctor accepts and acknowledges that by:
- receiving Patient details, including personal information, via the Platform;
- providing Private Patient Connect with information about services to be provided in relation to a specific Patient or responding to a Post with a fee and timeframe estimate; or
- otherwise communicating with Private Patient Connect regarding a specific Patient,
- that the Specialist Doctor has been connected with that Patient via the Platform. Any services provided pursuant to this connection will attract Private Patient Connect’s Service Fees, payable by the Specialist Doctor, as outlined in the Fees and Payments clause below.
- Once a Patient is connected with a Specialist Doctor, the Patient may contact the Specialist Doctor using the contact details supplied on the Platform to arrange for the services to be provided. A Specialist Doctor or her or his staff may also contact the Patient using the contact details supplied on the Platform. Patients acknowledge and agree that if she or he provides contact details to Private Patient Connect for the purposes of Private Patient Connect connecting that Patient with a Specialist Doctor, that Specialist Doctors (or his or her staff) may contact the Patient using the contact details provided.
- Patients and Specialist Doctors understand and agree that the Platform is an online introductory platform only, and that Private Patient Connect’s responsibilities are limited to facilitating the user functionality and availability of the Platform. Private Patient Connect is not an employment agency or labour hire business and Specialist Doctors are not Private Patient Connect’s employees, contractors, partners or agents. Private Patient Connect and its Personnel are not doctors, nor does Private Patient Connect provide medical advice or diagnoses.
- Private Patient Connect is not a party to any agreement entered into between a Specialist Doctor and a Patient. Private Patient Connect has no control over the conduct of Specialist Doctors, Patients and any other users of the Platform.
- Private Patient Connect accepts no liability for any aspect of the Patient and Specialist Doctor interaction, including but not limited to the performance of the services offered by Specialist Doctors, a Patient’s ability to describe the services required or the description of the services offered. Private Patient Connect does not assist or involve ourselves in any way in any dispute between a Patient and a Specialist Doctor. Any disputes should be referred to the Australian Health Practitioner Regulation Agency, using their ‘make a complaint’ service.
- Any person may browse and view the Platform as an unregistered user of the Platform. A person must register on the Platform and create an Account and/or claim her or his details to access some features on the Platform.
- Users may only have 1 Account on the Platform. Users may be provided with multiple logins, on request.
- If Patients or a Specialist Doctor registers for an Account, basic information must be provided including name, email address, and location and a username and password will be provided. Specialist Doctors must provide additional information when registering for an Account as set out in the Specialist Doctors warranties and obligations clause below.
- Users must provide accurate, current and complete information to Private Patient Connect and must update such information to keep it accurate, current and complete.
- Users are responsible for keeping their Account details, username and password confidential and a User will be liable for all activity on their Account.
- A User will immediately notify Private Patient Connect of any unauthorised use of her or his Account.
- At Private Patient Connect’s sole discretion, Private Patient Connect may refuse to allow any person to register or create an Account.
Fees and Payments
- It is free to register an Account on the Platform. There is no charge for a Patient to set up an Account or create a Post.
- Payments for a Specialist Doctor’s services will be made directly to that Specialist Doctor offline. Private Patient Connect does not facilitate payments for the services provided by a Specialist Doctor through the Platform.
- Specialist Doctors will be charged Private Patient Connect’s Service Fee (Service Fee) for any consultations held or services provided to a Patient who is connected to that Specialist Doctor via the Platform as outlined in the Platform Summary clause. Private Patient Connect’s Service Fee is a percentage of the fees charged to a Patient by a Specialist Doctor and will be calculated based on the estimated fees to be charged by the Specialist Doctor to the Patient as set out in the Specialist Doctor’s response to a Post. Any payments due to Private Patient Connect by a Specialist Doctor for the use of the Platform will be made through Private Patient Connect’s third party payment processor, or by any other payment method set out on the Platform.
- If Private Patient Connect provides an invoice to a Specialist Doctor for the payment of Private Patient Connect’s Service Fee, the Specialist Doctor agrees to pay Private Patient Connect’s Service Fee by the payment date set out on Private Patient Connect’s invoice. Private Patient Connect may charge interest at a rate equal to the Reserve Bank of Australia’s cash rate from time to time plus 8% per annum, calculated daily and compounding monthly, on any amounts unpaid after the payment date set out on the invoice. If invoices are unpaid after the payment date, Private Patient Connect has the right to engage debt collection services for the collection of unpaid and undisputed debts, and the right to commence legal proceedings for any outstanding amounts owed to Private Patient Connect. Private Patient Connect reserves the right to report bad debts to independent credit data agencies.
- Private Patient Connect may change the fee and payment terms applying to the Platform at Private Patient Connect’s sole discretion and any change is immediately effective upon Private Patient Connect publishing the change on the Platform and will apply to any use of the Platform following the change.
Licence to use Private Patient Connect’s Platform
Private Patient Connect grants Users a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use the Platform in accordance with these Terms. All other uses are prohibited without Private Patient Connect’s prior written consent.
Users must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to the Platform or which apply to a User or a User’s use of the Platform; anything which Private Patient Connect would consider inappropriate; or anything which might bring Private Patient Connect or the Platform into disrepute, including (without limitation):
- anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
- using the Platform to defame, harass, threaten, menace or offend any person;
- interfering with any User using the Platform;
- tampering with or modifying the Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with the Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with the Platform;
- anything that might violate any local, state, national or other law or regulation or any order of a court;
- as a Specialist Doctor, using the Platform to connect with Patients and then completing a transaction in a way that circumvents the obligation to pay Private Patient Connect’s Service Fee;
- as a Specialist Doctor, offering any services that she or he do not intend to honour, cannot provide or are not qualified to provide;
- using the Platform to send unsolicited email messages; or
- facilitating or assisting a third party to do any of the above acts.
Exclusion of competitors
Users are prohibited from using the Platform, including the information and materials available on it (Content), in any way that competes with Private Patient Connect’s business.
The Content is not comprehensive and is for general information purposes only. It does not take into account a User’s specific needs, objectives or circumstances, and is not advice. While Private Patient Connect uses reasonable attempts to ensure the accuracy and completeness of the Content, Private Patient Connect makes no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, Private Patient Connect does not undertake to keep the Platform up-to-date and Private Patient Connect is not liable if any Content is inaccurate or out-of-date.
Specialist Doctor warranties and obligations
Specialist Doctors must meet certain thresholds when using the Platform. Specialist Doctors warrant that by accessing the Platform, claiming Account information or details and/or creating an Account, that they:
- are appropriately qualified and have met and continue to meet state and federal rules and regulations and any industry standards regarding qualifications for specialist medical practitioners;
- are registered with the Medical Board of Australia and are registered with the Australian Health Practitioner Regulation Agency as a registered medical practitioner;
- will provide Private Patient Connect with evidence of relevant and up to date qualifications within a reasonable time of Private Patient Connect making a request, or no later than three business days after Private Patient Connect makes a request;
Document Storage:Specialist Doctors have obligations to keep and maintain Patient records for certain periods of time. Please note that it is not Private Patient Connect’s responsibility to keep Patient records on behalf of Specialist Doctors. Private Patient Connect is not a document storage service and Private Patient Connect cannot and does not provide this service to Specialist Doctors. Specialist Doctors must ensure that they have their own document storage protocols and methods in place and a Specialist Doctor agrees that she or he has these methods in place when using or accessing the Platform.
Private Patient Connect suggests that all Specialist Doctors follow the AMA’s 10 minimum standards for communication within the medical profession, available at https://ama.com.au/article/10-minimum-standards-communication.
Testimonials and reviews
Please note that Private Patient Connect may ask Patients to provide ratings of the service provided by a Specialist Doctor. Patients may be asked whether the fee, availability and location quoted by the Specialist Doctor was accurate and a rating will be created based on the relevant Patient’s response. Patients may also be asked to provide testimonials. Ratings and testimonials will be publicly available on the Platform, on the relevant Specialist Doctor’s profile. Patients must provide true, fair and accurate information in their testimonials. If Private Patient Connect considers that a testimonial is untrue, unfair, inaccurate, offensive or inappropriate, Private Patient Connect may delete or refuse to publish the testimonial.
Intellectual Property rights
Unless otherwise indicated, Private Patient Connect owns or licences all rights, title and interest (including intellectual property rights) in the Platform and all of the Content. A User’s use of the Platform and a User’s use of and access to any Content does not grant or transfer to the User any rights, title or interest in relation to the Platform or the Content.
A User must not, without the prior written consent of Private Patient Connect or the owner of the Content (as applicable):
- copy or use, in whole or in part, any Content;
- reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
- breach any intellectual property rights connected with the Platform, including (without limitation):
- altering or modifying any of the Content;
- causing any of the Content to be framed or embedded in another website; or
- creating derivative works from the Content.
A User may be permitted to post, upload, publish, submit or transmit relevant information and content, including reviews (User Content) on the Platform. By making available any User Content on or through the Platform, a User grants to Private Patient Connect a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, communicate, transmit or access such User Content on, through, or by means of the Platform, subject the clause below.
A User agrees that she or he is solely responsible for all User Content that she or he makes available on or through the Platform. A User represents and warrants that:
- the User is either the sole and exclusive owner of all User Content or that the User has all rights, licences, consents and releases that are necessary to grant to Private Patient Connect the rights in such User Content as contemplated by these Terms; and
- neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or Private Patient Connect’s use of the User Content on, through or by means of the Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Private Patient Connect does not endorse or approve and is not responsible for any User Content. Private Patient Connect may, at any time at Private Patient Connect’s sole discretion, remove any User Content.
Third party sites
The Platform may contain links to websites operated by third parties. Unless expressly stated otherwisePrivate Patient Connect does not control, endorse or approve and is not responsible for the content on thosewebsites. A User should make her or his own investigations with respect to the suitability of thosewebsites.
Private Patient Connect may, at any time and without notice to a User, discontinue the Platform, in whole orin part. Private Patient Connect may also exclude any person from using the Platform, at any time at PrivatePatient Connect’s sole discretion. Private Patient Connect is not responsible for any loss, damage orexpense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) a User may suffer arising from or in connection with any such discontinuance or exclusion.
Warranties and disclaimers
- To the extent permitted by law, Private Patient Connect makes no representations or warranties about the Platform, the Content, Specialist Doctors, Patients or services provided by Specialist Doctors including (without limitation) that:
- they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
- access will be uninterrupted, error-free and free from viruses;
- the Platform will be secure; or
- services will be requested by Patients or that Patients will find desirable Specialist Doctors or
appropriate services provided by Specialist Doctors.
- A User reads, uses, and acts on the Platform and the Content at her or his own risk.
- Patients require referrals before being seen by a Specialist Doctor. Private Patient Connect does not organise Patient referrals, a Patient will need to organise this independently with a general practitioner or emergency doctor.
- If Private Patient Connect provides a Patient with any fee information relating to a Specialist Doctor, this information is an estimate only and Private Patient Connect does not guarantee that the final fees charged to a Patient by a Specialist Doctor will not change from the estimate provided. Private Patient Connect provides estimates only, based on the information provided to Private Patient Connect by a Specialist Doctor, to help guide a Patient’s decision to engage a Specialist Doctor. A Patient must confirm the final fees with the Patient’s chosen Specialist Doctor. The quote Private Patient Connect provides to a Patient is in relation to a Specialist Doctor’s fees; there may be additional fees connected with a Patient’s medical care, such as hospital administration fees and anaesthetist fees. These fees are not provided on the Platform and will need to be sourced independently.
- Users agree that any information, insights or guidance contained on the Platform, whether or not it is published by Private Patient Connect, is not an attempt by Private Patient Connect to practice medicine or provide medical advice. It is not to be used or relied on for any diagnostic or treatment purposes. Use of the Platform does not establish a doctor-patient relationship with Private Patient Connect and Private Patient Connect and its Personnel are not doctors. Information available on the Platform should not be used as a substitute for professional diagnosis and treatment. Any health information on the Platform is provided simply for a User’s convenience. The Platform is intended for general information purposes only and does not take into account a User’s own personal circumstances. Information available on the Platform is not intended to be advice, not intended to be relied upon, and is not a substitute for professional medical advice based on a Patient’s personal circumstances. Private Patient Connect does not provide advice on the type of Specialist Doctor a Patient requires, or the type of services a Patient requires from a Specialist Doctor. A Patient should discuss the type of services she or he requires with her or his treating general practitioner.
- Private Patient Connect assumes no responsibility for a Specialist Doctor’s compliance with any applicable laws, rules or regulations.
Limitation of liability
- Despite anything to the contrary, to the maximum extent permitted by law:
- Private Patient Connect’s maximum aggregate Liability arising from or in connection with these Terms (including the services Private Patient Connect provides and/or the subject matter of these Terms) will be limited to, and must not exceed $100; and
- Private Patient Connect will not be liable to a User for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
- Despite anything to the contrary, to the maximum extent permitted by law, Private Patient Connect will have no Liability, and a User releases and discharges Private Patient Connect from all Liability, arising from or in connection with any:
- event or circumstance beyond Private Patient Connect’s reasonable control;
- acts or omissions of a User or User’s personnel;
- any defect, error, omission, lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit), inaccessibility of, interruption or outage with respect to the Platform;
- use of the Platform and/or Content;
- interaction a User has with other users whether in person or online;
- injury or loss to any person;
- Content which is incorrect, incomplete or out-of-date; or
- breach of these Terms or any law.
- For the avoidance of doubt, Private Patient Connect has no Liability and Specialist Doctors and Patients release and discharge Private Patient Connect from all Liability relating to the provision of specialist medical services to Patients. Specialist Doctors are responsible for the provision of medical services and any Liability arising out of the provision of medical services exclusively rests with the Specialist Doctor.
- Users agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.
- This clause will survive the termination or expiry of these Terms.
To the maximum extent permitted by law, Users must indemnify Private Patient Connect, and hold Private Patient Connect harmless, against any Liability suffered by Private Patient Connect arising from or in connection with a User’s use of the Platform or any breach of these Terms or any applicable laws by a User. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for Private Patient Connect to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
- Subject to subclause (b), Private Patient Connect will (and will ensure that its Personnel will):
- keep confidential; and
- not use or permit any unauthorised use of, all Confidential Information.
- Subclause (a) does not apply where:
- Private Patient Connect has the prior consent of the User;
- the disclosure is required by law; or
- the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with these Terms and provided that Private Patient Connect ensures the adviser complies with the terms of subclause (a).
- Confidential Information includes information or documentation which:
- is disclosed to Private Patient Connect in connection with these Terms; or
- relates to:
- the business, assets or affairs of a User; or
- the subject matter of, the terms of and/or any transactions contemplated by these Terms;
- whether or not such information or documentation is reduced to a tangible form or marked in writing as “confidential”, and whether it is received, acquired, overheard or learnt by Private Patient Connect in any way whatsoever.
- This clause survives the termination of this Agreement.
Any cancellations of the services provided by a Specialist Doctor is strictly a matter between the Specialist Doctor and the Patient. The terms and conditions agreed to between the Specialist Doctor and the Patient should be clearly set out by the Specialist Doctor when speaking with the Patient about the type of services required.
- If a User has an Account, he or he may cancel the Account and terminate these Terms at any time via the “Cancel Account” feature (or similar) on the Platform or by sending Private Patient Connect an email to the address at the end of these Terms. A User can also deactivate her or his Account at any time via the Platform.
- Private Patient Connect may terminate these Terms for convenience at any time by giving a User 30 days’ notice via email to the email address listed on her or his Account.
- At Private Patient Connect’s sole discretion, Private Patient Connect may suspend a User’s Account or terminate these Terms immediately without notice if (i) a User is in breach of these Terms, any applicable laws, regulations or third party rights, (ii) Private Patient Connect has received complaints about a User or (iii) for any other reason, in Private Patient Connect’s sole discretion.
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
A User’s use of the Platform and these Terms are governed by the laws of New South Wales. Users irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Private Patient Connect’s Platform may be accessed throughout Australia and overseas. Private Patient Connect makes no representation that the Platform complies with the laws (including intellectual property laws) of any country outside Australia. If a User accesses the Platform from outside Australia, the User does so at her or his own risk and is responsible for complying with the laws of the jurisdiction where she or he accesses the Platform.
For any questions and notices, please contact Private Patient Connect at:
Private Patient Connect Pty Ltd ACN 620 890 495
11 January 2018