Please read these Terms of Service by JBR Allen Pty Ltd ACN 140 626 008 trading as ‘Dial The Doc’ (Dial The Doc) carefully.
By electing to receive Services through the Dial The Doc Platform (Platform) you accept the Terms as outlined below.
1. TERMS
1.1 These Terms set out the basis by which Dial The Doc makes the following services (Services) available to you, through the Platform:
1.1.1 the facilitation of telehealth consultations with Dial The Doc’s affiliated doctors.
1.1.2 where deemed clinically appropriate and after a telehealth consultation with a Dial The Doc affiliated Doctor, the capacity to: request a prescription; request a referral for a pathology test; request a specialist referral; and/or request a medical certificate.
1.2 You must accept these Terms (by clicking the “I accept” button) each time you access Services through the Platform, including: when you request a telehealth consultation with a Dial The Doc affiliated Doctor; or request a prescription, pathology test, specialist referral or medical certificate.
1.3 Each time you access Services with Dial The Doc it will institute a new contract between you and Dial The Doc. If you do not accept these Terms, you will be unable to access the Services.
1.4 Dial The Doc may review and update these Terms whether in response to new laws, regulations, products, services or technology or otherwise. Variations to the Terms will be published on the Platform and will become effective from the date you next access the Services.
2. IN CASE OF EMERGENCY
Services offered via the Platform are not suitable for emergency situations. If you are in an emergency situation needing urgent assistance please immediately contact 000 or the Emergency Department at your local hospital.
3. PERSONAL ACCOUNTS AND PLATFORM USE
3.1 The Services accessible through the Platform are only available to individuals who: reside in Australia with a current Australian address; and are accessing the Services within Australia.
3.2 Platform users must create a personal account with Dial The Doc; or if creating an account on behalf of another person, they must be the other person’s parent, guardian or carer and have their consent for the account to be created.
3.3 By creating an account and accessing the Services through the Platform, you confirm you are located within Australia.
3.4 All information provided when registering an account must be accurate and true. It is a requirement of the registering person to ensure that information is up to date at all times.
4. SERVICES
4.1 When accessing services through the Platform, you must provide honest, accurate and complete information, ensuring you do not omit any information that could reasonably be expected to be relevant to the Services.
4.2 Subject to your compliance with these Terms, you may request a telehealth consultation using the Platform only during the hours of availability as advertised on the website.
4.3 Dial The Doc affiliated Doctors are independent of Dial The Doc and solely responsible for the Services they provide to you. Dial The Doc is thus in no way involved in, or liable for, any Services provided by a Dial The Doc affiliated Doctor to you.
4.4 If your medical condition changes or your symptoms deteriorate you should contact your regular Doctor, or if you require urgent medical assistance, you should contact your local emergency services immediately. If you are suffering from any apparent side-effects from any treatment or prescriptions you receive, you agree to promptly either consult with your regular Doctor or make contact with Dial The Doc to facilitate a follow-up consultation.
4.5 You agree not to record phone consultations without written consent from the Dial The Doc affiliated Doctor prior to recording.
4.6 You acknowledge that a Dial The Doc affiliated Doctor may, utilise their discretion to refuse to:
4.6.1 prescribe medication to you;
4.6.2 issue repeat prescription; or
4.6.3 provide other services and/or referrals requested by you.
Refusals of this nature by a Dial The Doc affiliated Doctor does not constitute grounds for a refund.
5. MEDICATION
5.1 If a Dial The Doc affiliated Doctor prescribes any medication to you, it is your responsibility to carefully read all information provided to you relating to that medication.
5.2 You must follow all advice provided to you by the Dial The Doc affiliated Doctor you have consulted with and/or pharmacist and/or the pharmaceutical manufacturer in relation to any medication you have been prescribed.
5.3 In the event that you experience any serious side effects from any medication, you must seek emergency medical assistance immediately.
6. COSTS AND PAYMENT
6.1 The amount that is payable by you will be shown at the time you request a telehealth consultation and will become binding when you finalise your request for a telehealth consultation.
6.2 Payment may be made online in accordance with the Hot Docs online payment system.
6.3 When you complete a request for a telehealth consultation, you authorise Dial The Doc in conjunction with HotDocs to run an authorisation check to confirm the validity of your payment details and availability of funds to pay for the Services you have requested. This check does not incur any charge to you. If your payment details do not satisfy authorisation check, a Dial The Doc representative may contact you to confirm your payment details. If no authorised payment details have been provided, the booking will not be finalised.
6.4 Following completion of your Telehealth Consultation with a Dial The Doc affiliated Doctor, the Doctor will instruct Dial The Doc to charge you for the Services provided. You hereby authorise Dial The Doc to charge the cost of any Service against your nominated account.
6.5 If you cancel your telehealth consultation at any time before the scheduled commencement time, you will not be charged for the telehealth consultation.
6.6 When your payment is successful, Dial The Doc will email you a receipt confirming payment.
6.7 Dial The Doc may decide to vary the fees and payment terms at any time. Changes to the fees or payment terms will become effective upon publication of that change on the Platform and binding in respect of your next (but not any previous) telehealth consultation booking through the Platform. If you have booked or paid for Services prior to changes being made to fees or payment terms and have not received the Services prior to the change you will not be charged more for the Service.
6.8 Medicare rebates are not available via the Platform and bulk billing is not offered.
6.9 Any private health insurance benefits you may be eligible for must be claimed by you by submitting the paid invoice to your insurer.
7. REFUNDS
Refunds for consultations are provided in accordance with Australian Consumer Law and otherwise are only provided at the discretion of Dial The Doc and Dial The Doc affiliated Doctors.
8. PRIVACY
Please see Dial The Doc’s Privacy Policy on the Platform.
9. LIMITATION OF LIABILITY
9.1 Subject to clause 9.2, Dial The Doc is not liable for, and you indemnify Dial The Doc (and its 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:
9.1.1 your use of or inability to use the Services;
9.1.2 any breach of these Terms by you;
9.1.3 any treatment, advice or information provided during a telehealth consultation and any other services provided by a Dial The Doc affiliated Doctor to you (including any medications prescribed by that Doctor and the quality or suitability of any services provided by that Doctor);
9.1.4 any personal injury, mishap or death or any alleged or actual malpractice or negligence by any Dial The Doc affiliated Doctor;
9.1.5 your failure or refusal to answer any questions truthfully, or to provide any information reasonably requested by us or a Dial The Doc affiliated Doctor.
9.2 Where warranties are implied by law, you acknowledge and agree that the total aggregate liability of Dial The Doc is limited to the total amount paid by you for the particular services that are the subject of the cause of action, even if those services were provided to you without cost.
10. TERMINATION/RESTRICTION
Dial The Doc reserves the right, in its sole discretion, to terminate your access to the Platform and the Services or any portion of them at any time, without notice.
11. PROHIBITED ACTIVITY
You agree to not use the Platform in a manner inconsistent with any applicable laws or regulations.
12. COMPLAINTS
If you have any concerns or complaint relating to the services provided by Dial The Doc, please contact Dial The Doc.
