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User Terms and Conditions // MinuteHealth
Thank you for using MinuteHealth. We facilitate the provision of health services, including telehealth consultations, from health practitioners (Health Practitioners) to individuals (the Services). Our online platform consists of our website located at https://minutehealth.com.au (Platform), which is owned and operated by MinuteHealth Pty Ltd ACN 648 935 282 (MinuteHealth, we, us, our). Please read these terms and conditions (Terms) carefully as they form a contract between Platform users (User, you) and us (Agreement). By using the Platform, you agree with and accept the Terms in this Agreement. This Agreement, our Privacy Policy and all policies and guidelines published on the Platform from time to time form the entire agreement between you and us. If you do not accept any terms of the Agreement, you must cease using the Platform immediately. We reserve the right to amend the Terms at any time, and by continuing to use the Platform, you accept the Terms as they apply from time to time.
2.1 Overview (a) Our Platform connects individuals with Health Practitioners for the purposes of running telehealth consultations. (b) Through the Platform, Health Practitioners can provide a range of health services to individuals, if the Health Practitioner considers it appropriate and in line with their legal obligations. 2.2 Our role (a) We act as the developer and provider of the Platform and our role is limited to: (i) facilitating your access to and use of the Platform; (ii) taking feedback about the Platform; and (iii) improving and modifying the Platform. (b) By accessing and using the Platform, you agree and acknowledge that: (i) we do not offer or provide any medical or health services, or employ any Health Practitioners to provide health services to individuals; (ii) we are not responsible for, and have no control over the use of the Platform by other Users; (iii) we are not responsible for and do not control, any consultation, any health services or the accuracy of information provided by Health Practitioners; and (iv) we reserve the right, but are not obliged, to monitor, verify, modify or delete, any material or information created, generated or transmitted by Users through the Platform (collectively, User Content) and we do not control the accuracy of User Content.
3.1 Requests for health services via the Platform (a) To use the Services, you must accept these Terms and our Privacy Policy; which forms a contractual relationship between you and us. (b) To use our Platform, you must: (i) possess the legal right and ability to enter into a legally binding agreement; and (ii) provide complete and accurate information to all the items in the request page of the Platform, which includes your full name, date of birth, contact details (including email address and phone number), credit or debit card details, and medical history (Request Information). (c) The information you provide us through the Platform, including but not limited to your Request Information, must be accurate, complete and up to date. We are not obliged to confirm the identity of Users but may, at our discretion, take reasonable steps to ensure details are accurate. (d) You acknowledge and agree that if the information that you provide to us is incomplete or inaccurate the Health Practitioners may not be able to provide their health services to you. (e) We reserve the right to refuse to process any User requests for any reason at our sole discretion or to deny anyone access to a subscription or the Platform at any time and for any reason, without notice. 3.2 Account (a) Where the option is made available to you through the Platform, you may register for an account with us (Account) to allow you to receive the Services and manage any health services that you receive from Health Practitioners. (b) To register for an Account, you must provide complete and accurate information to all the items in the Account registration page of the Platform (Registration Information). Your Registration Information must be complete, accurate and up-to-date and you must update your Registration Information through the functionality of your Account if it changes. (c) When registering for an Account, you must nominate a username and password. You are responsible for maintaining the confidentiality and integrity of the Account, the password and for all use and activity carried out on your Account. If you believe that there has been unauthorised access to your Account, please contact us. (d) We reserve the right to deny anyone access to an Account at any time and for any reason, without notice. 3.3 Subscription (a) When submitting a request, you will have the option to register for a subscription to the Platform. The types and features of the available subscription plans are displayed on the Platform during registration and are updated from time to time. (b) Each Subscription will automatically renew on the last day of the initial subscription period that you agreed to, calculated from the date the subscription begins until the subscription is cancelled or this Agreement is terminated in accordance with clause 13. (c) If you subscribe to the Platform, we will issue you with a personalised link that you can use to request health services from the Health Practitioner, or if you have an Account, you can request health services directly through your Account functionality. Your personalised link must only be used by yourself, and in combination with your identity information (including your name, date of birth and email address). 3.4 Use (a) By accessing and using the Platform as a User, you represent and warrant that: (i) you are at least 18 years of age; (ii) you are currently living in Australia and have an Australian residential address; (iii) you have the legal right, authority and capacity to agree to and abide by the Terms of the Agreement; and (iv) any information that you provide to us or a Health Practitioner through the Platform will be accurate, complete and up-to-date. (b) By accessing and using the Platform as a User, you agree and acknowledge that: (i) we are not a party to, or a participant in, any contractual relationship between Users and/or Health Practitioners; (ii) we do not guarantee the existence, availability, suitability, legality or safety of the Platform; (iii) we do not provide a health service and any communication from MinuteHealth or its employees does not constitute medical advice or a health service; (iv) the Health Practitioners that we connect Users to are not employees or representatives of MinuteHealth; (v) consultations are between Health Practitioners and Users and we are not responsible for any information or services provided in the consultations, and do not warrant that the consultations are suitable for Users; (vi) the Health Practitioners have full and absolute discretion in determining whether a consultation or other health service provided via the Platform is suitable for you; (vii) we do not guarantee that a Health Practitioner will issue you with a medical certificate or provide any other health service to you following a consultation via the Platform; (viii) we are not responsible for the relationship between Users and Health Practitioners; (ix) we are not a health service provider or regulated health service under the National Law; and (x) your access to and use of the Platform is non-transferable. (c) By submitting a request for health services, you agree that we may send you text (SMS) messages, push notifications and emails as part of the normal business operation of your use of the Platform. You may opt-out of receiving these communications from us by contacting us and you acknowledge that opting out of receiving these communications may impact your use of our Platform. 3.5 Medical certificates (a) Neither we, nor the Health Practitioners using our Platform, guarantee that a medical certificate will be provided. Provision of any health services (including a telehealth consultation and/or provision of a medical certification) remains at all times at the sole and complete discretion of the Health Practitioner. (b) If the Health Practitioner considers it appropriate to provide a medical certificate, we will deliver the medical certificate to you by the method and in the format you choose at check-out, being either by post, by email or by SMS. If you have an Account, you may also view your medical certificates through your Account dashboard.
4.1 Permitted Use (a) You may view the Platform using a web browser or mobile device and copy or print hard copies of parts of the Platform solely for the purposes provided for in these Terms. (b) Any other use, including the modification, distribution, transmission, republication, display or performance of the content on the Platform, except as provided for under these Terms, is strictly prohibited. 4.2 Your Obligations You represent and warrant to: (a) use the Platform in accordance with these Terms and for lawful purposes only; (b) comply with applicable laws and regulations; and (c) contact your general practitioner immediately if directed to by a Health Practitioner. 4.3 Limitations In accessing the Platform, you represent and warrant that you will not: (a) modify or copy the layout of the Platform or any computer software and code contained in the Platform; (b) commit any act or engage in any practice that: (i) is harmful to our systems, reputation or goodwill; or (ii) interferes with or disrupts the integrity of the Platform, including but not limited to, by hacking, transmitting any viruses, spyware, malware or any other unauthorised malicious code of a destructive or disruptive nature; (c) create accounts with us through unauthorised means, including by using an automated device, script, bot or other similar means; (d) restrict, or attempt to restrict, another User from using or enjoying the Platform; (e) interfere with the privacy of another person or harvest or otherwise collect information about others, including Registration Information, without their consent; (f) infringe any intellectual property rights or any other contractual or proprietary rights of another person; (g) bypass any measures used to prevent or restrict access to our Platform; (h) do any act, engage in any practice or omit to do any act or engage in any practice that: (i) is or could reasonably be considered obscene, illegal, offensive, inappropriate, defamatory, indecent, threatening or objectionable in any way; (ii) would cause us to breach or to be taken to breach a law; (iii) would bring us into disrepute; or (iv) interferes with the integrity or supply of the Platform to all Users; (i) encourage or facilitate violations of these Terms; (j) distribute or send communications that contain spam, chain letters, or pyramid schemes; or (k) harass, intimidate, act violently or inappropriately towards or be discriminatory against another User.
5.1 Fees (a) We may charge fees to Users in consideration for us making the Services available. (b) Fees may be one-off (One-off Fees) or for an annual subscription (Subscription Fees) (collectively, Fees). (c) We will advise you of any applicable Fees (including any applicable GST) when you are requesting a health service through our Platform. Our Fee rates can be found on our website and Platform, prior to check out. (d) Fees are payable in advance and are non-refundable, except as expressly provided in these Terms. (e) Fees and all other fees, charges and prices are stated in Australian dollars and are exclusive of applicable taxes, unless otherwise stated. Fees may be converted to your local currency at the time of payment. We will be entitled to add on GST for any supply in Australia. (f) We reserve the right to change the Fees at any time and we will provide Users with reasonable notice of any fee changes before they become effective. (g) You are responsible for paying all Fees and taxes and we reserve the right to charge you such applicable taxes. 5.2 Payment method (a) Fees must be paid in advance with a valid credit card. (b) Subscription Fees must be paid monthly or annually in advance in accordance with the option selected by you when you subscribe, with a valid credit card and access to the Platform is conditional on timely payment of all Fees by you. (c) All credit card payments are subject to validation checks and authorisations by the card issuer. If the issuer of your payment card refuses to or does not for any reason authorise payment of the Fees, the payment will not be processed. (d) If any applicable Subscription Fee is not paid to us or automatically debited for any reason by the due date, we may, at our discretion: (i) cancel your Account or personalised subscription link; or (ii) temporarily suspend your access to all or some of the features of the Platform until such time as payment of the Subscription Fee is received by us in full. 5.3 Refund of Fees (a) If the Health Practitioner that you are connected with determines, in their sole and absolute discretion, that telehealth is not appropriate in your circumstances, then we will refund the Fees paid by you in full within a reasonable timeframe. (b) If you have an annual subscription and you cancel your subscription under clause 13 or if we cancel your subscription as a result of you breaching these Terms, then any Subscription Fees paid will not be refunded and any outstanding Subscription Fees and other fees become immediately due and payable upon cancellation. (c) If we terminate your Account, subscription or access to or operation of the Platform for any other reason and you have paid applicable Subscription Fees in respect of the period after cancellation, we will refund any Subscription Fees you have paid on a pro rata basis to a bank account notified by you for that purpose within a reasonable time of cancellation.
(a) In these Terms, Intellectual Property Rights means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, circuit layouts, domain names, know-how and other rights of a similar nature worldwide, whether registered or not, and any applications for registration or rights to make such an application. (b) We own or are the licensee of all rights, title and interest (including Intellectual Property Rights) in the Platform or to the material (including all text information and content, graphics, logos, type forms and software) made available to you on the Platform (collectively, Platform Content). Your use of and access to the Platform does not grant or transfer any rights, title or interest to you in relation to the Platform Content. (c) You may access the Platform using a web browser or mobile device, and electronically copy and print hardcopy the Platform Content solely for your personal, non-commercial use. (d) You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, reverse engineer, create derivative works from, transfer, or sell any Platform Content or any other material in whatever form contained within the Platform unless expressly stated otherwise in these Terms. (e) To the extent that the Platform uses any open source or third-party code that may be incorporated into the Platform, such access to the open source code is provided subject to the terms imposed by the licensor of that open source code. You acknowledge and agree that any open source code is made available "as is", without any warranty from us.
7.1 General (a) We reserve the right, but are not obliged, to monitor, review, verify, edit, modify or delete material, content, data or information created, generated or transmitted by Users through the Platform (User Content) and we do not control the accuracy of User Content. (b) We do not claim ownership of any User Content. You grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide, assignable and transferable licence to use, reproduce, modify, copy, store and share the User Content, for our business or commercial purposes. (c) You consent to any act or omission which would otherwise constitute an infringement of your moral rights. If a third party has moral rights in your User Content, you must ensure the third-party consents in the same manner. (d) The views expressed in any User Content are the views of Users and not those of us unless specified otherwise. We are not responsible for and disclaim all liability in respect of any User Content. We encourage you to report problems, offensive content or comments and malicious use of the Platform to us. 7.2 Security of content (a) We will take all reasonable steps to implement, maintain and enforce security procedures and safeguards to protect the security, confidentiality and integrity of the User Content from unauthorised access or use by a third party or misuse, damage or destruction by any person. (b) However, we do not guarantee and cannot ensure the security of User Content and to the extent permitted by law, we expressly exclude liability for any such loss, however caused. 7.3 Prohibited content You must not create, upload or generate any User Content: (a) unless you hold all necessary rights, licences and consents to do so; (b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation; (c) that we consider inappropriate, offensive, abusive, indecent or illegal; or (d) that infringes the rights, including intellectual property rights, of any third party.
The Platform may contain links and other pointers to websites or applications owned and operated by third parties. We do not control these linked websites and are not responsible for the contents of any linked website. Your access to any such website is entirely at your own risk. You should contact the relevant third-party directly to enquire as to the accuracy and completeness of that information prior to entering into a transaction in relation to the third-party products and services.
To the fullest extent permitted by law, you agree and acknowledge that: (a) the Platform is provided “as is” and “as available” and the entire risk arising out of your use of the Platform remains solely with you; (b) we do not control, endorse and are not responsible for any User Content; (c) we retain complete control over the Platform and may alter, amend or cease the operation of the Platform in our sole discretion; (d) we make no warranty or representation that any result or objective can or will be achieved or attained by accessing the Platform; (e) we make no warranty or representation that the Platform will be continuous, uninterrupted, accurate, fault-free, virus-free, secure or accessible at all times; (f) we may remove any content, material and/or information, including any User Content, without giving any explanation or justification for removing the material and/or information; (g) you are responsible for considering the appropriateness of the Platform, its services and any Platform Content, for your intended application and use and we give no warranty, guarantee or representation that the Platform, its services or the Platform Content is suitable for or meets your requirements; and (h) we reserve the right, but are not obliged, to monitor or become involved in any dispute between Users.
(a) To the fullest extent permitted by law, we are not liable to you or anyone else for any loss or damage you may suffer or incur in connection with: (i) your access to and use of the Platform and Platform Content; (ii) your inability to access or use the Platform and Platform Content or any of the health services provided by Health Practitioners via the Platform; (iii) any User Content; (iv) any interactions between you and a Health Practitioner; and (v) unauthorised creation, access or use of your personal information, Account or your User Content, even if we have been advised of the possibility of such loss. (b) To the fullest extent permitted by law, we exclude: (i) liability for special, indirect or consequential damages, including damages for loss of data, reputation, goodwill and opportunity, loss of or claim for, revenue, profits, actual or potential business opportunities or anticipated savings or profit; and (ii) all representations, warranties or terms (whether express or implied) other than those set out in these Terms. (c) Pursuant to s64A of Schedule 2 of the Australian Consumer Law, this clause 10(c) applies in respect of services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption. Our liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by s51 to s53 of the Australian Consumer Law) is limited at our option to: (i) the re-supply of the services or products; or (ii) the payment of the direct cost of having the services or products resupplied.
(a) You agree to indemnify us for all losses, damages, liabilities, claims and expenses (including reasonable legal costs) incurred by us arising out of or in connection with your use of the Platform and Platform Content, any User Content, your breach of the Terms or any rights of third parties. (b) We reserve the right to assume exclusive control of any matter for which you are required to indemnify us, and you agree to provide assistance at your expense for the purposes of defending and managing all such claims as is reasonably requested by us.
(a) A party must not commence legal proceedings relating to this Agreement unless the party wishing to commence proceedings has complied with this clause 12. However, this clause will not apply where a party seeks urgent interlocutory relief from a court. (b) If a dispute arises between the parties out of or relating to this Agreement, then: (i) the party alleging the dispute must notify the existence and nature of the dispute to the other party within 10 days of the dispute arising (Dispute Notice); (ii) upon receipt of a Dispute Notice, the parties must, within 5 days, engage in good faith negotiations and use best endeavours to resolve the dispute; (iii) if the dispute is not resolved as provided in paragraph (ii) within 5 days of receipt of the Dispute Notice, then either party may refer the dispute to mediation as provided in paragraph (iv) and must do so before initiating proceedings in a court to resolve the dispute; (iv) any dispute which is referred to mediation must be referred to the Resolution Institute and must be conducted in accordance with the Mediation Rules of the Resolution Institution or the parties may appoint a mediator by mutual agreement; and (v) if the dispute is not resolved within 30 days of referral to mediation, any party is free to initiate proceedings in a court in respect of the dispute.
(a) Where you are a one-off user, this Agreement will terminate upon delivery of the Health Practitioner’s services to the User via the Platform. (b) Subscribed Users may terminate this Agreement by providing notice to us by email or through your Account functionality if you have registered for an Account. Termination will be effective upon our receipt of the notice, following which, we will disable the User’s subscription at the end of the month within which the notice or cancellation is received. (c) We may suspend your Account, subscription or your access to or use of the Platform, or any portion of the Platform and/or terminate this Agreement immediately by providing notice to you by email, if we believe that you have breached the terms of this Agreement, or for any other reason in our sole discretion, subject to clause 13(d) below. We may disable your access to your Account and personalised subscription link immediately on providing notice to you if we believe your conduct is likely to interfere with the Platform, or the rights of any third parties. Otherwise, the termination will be effective at the end of the month within which the notice is provided to you. (d) Users shall remain obligated to complete any outstanding payment for any Subscription Fee or other amounts under this Agreement which arose before the Agreement termination date. (e) We reserve the right to cease operating the Platform, or any part of the Platform, without notice and for any reason. (f) On expiry or termination of this Agreement or if clause (e) applies: (i) access to your Account or personalised subscription link will expire or cease; and (ii) we will not be liable for any costs, losses or damages arising as a result of terminating your access to the Platform. (g) We are not liable for any costs, losses or damages of any kind arising as a consequence of terminating your access to the Platform.
We will collect, use and disclose any personal information you provide us when accessing or using the Platform in accordance with our Privacy Policy. For more information on our information collection and handling practices, please view our Privacy Policy.
15.1 Variation We may vary, amend, or otherwise modify these Terms at any time. We will publish the new Terms on the Platform and on our website at which time they will be effective. Your continued use of the Platform following the posting of the new Terms constitutes your acceptance of the new Terms. 15.2 No Waiver No waiver of rights under this Agreement shall constitute a subsequent waiver of this or any other right under this agreement. Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. 15.3 Severability If any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid and will not affect the enforceability or validity of the remaining provisions. 15.4 Governing law and jurisdiction This Agreement is governed by the laws in force in New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales. 15.5 Contact us Your feedback is important to us and our community. We welcome and encourage you to provide feedback, reviews, comments, and suggestions for improvements to the Platform (Feedback). You may submit Feedback by contacting us via contact@minutehealth.com.au
© 2023 MinuteHealth Pty Ltd.
ALL RIGHTS RESERVED.
Terms last updated March 2023.
© 2023 MInuteHealth. All rights reserved.
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