Private Medical Pty Ltd. (“Private Medical”, “we”, “us”, or “our”) operates the website located at www.privatemedical.net and other related websites and mobile applications with links to these Terms of Service (collectively, the “Site”).
The Healthcare Professionals at Private Medical Pty Ltd provide healthcare services using interactive audio, video, and messaging technologies, enabling our members (“Members”) and our Healthcare Professionals (“Healthcare Professionals”) to have face to face consultations, although they are not in the same physical location. You can form an ongoing treatment relationship with a Healthcare Professional; however, your initial visit may begin as a consultation (e.g., to determine the most appropriate treatment setting for you to receive care) and will not necessarily give rise to an ongoing treatment relationship.
By accessing and using the Site, you agree to be bound by these Terms of Service and all other terms and policies that appear on the Site. If you do not wish to be bound by any of these Terms of Service, you may not use the Site or the Services
The risks involved in using the service include, but may not be limited to:
Private Medical Pty Ltd, and our Healthcare Professionals, partners, and staff, are committed to the protection of your privacy. We require you to provide your personal details and medical history so that we may accurately assess, diagnose, treat and be proactive in your health care needs. We are committed to complying with our obligations under the Privacy Act 1988 (Privacy Act) and the Australian Privacy Principles (APP) in respect of your Personal Information. The personal information that we collect or maintain may include, but is not limited to:
In many circumstances, the information listed above is non-personal information. For example, the information collected through Cookies may not contain any identifiable personal information. We will still treat that information as personal information under this Privacy Policy if (a) an applicable local law considers it to be personal information or (b) we combine it with personal information.
We may use your personal information for the following purposes:
We may also disclose personal information that we collect, or you provide:
In addition, however, you do have the option to opt out of some Government services and processes to keep information private, and opt out of being linked to Government agencies, i.e. My Health Record, and Medicare Services Australia, if you choose to do so. By making this decision you acknowledge that there will be limitations in the services that we can provide you, i.e., Sending you prescriptions via E-Script to your email or via SMS.
Private Medical is required to comply with federal healthcare privacy and security laws and maintain safeguards to protect the security of your health information. Additionally, the information you provide to your Healthcare Professional during a medical consultation is legally confidential, except for certain legal exceptions as described in this Terms of Service. We devote considerable effort toward ensuring that your personal information is secure.
As part of providing, you with the Services, we may need to provide you with certain communications such as appointment reminders, service announcements, privacy notices, administrative messages, and other communications about the Services (“Communications”). These Communications are considered part of the Services and your Account.
You understand that by checking the “agree” box for these Terms of Service and/or any other forms presented to you on the Site you are agreeing to these Terms of Service and that such action constitutes a legal signature. You agree that we may send to you Communications through electronic means including, but not limited to, (1) by email, using the address that you provided to us during registration, (2) short messaging service (“SMS”) text message to the mobile number you provided us during registration (“SMS Messages”), (3) push notifications on your tablet or mobile device, or (4) by posting Communications on the Site.
The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication. You can withdraw your consent to receive Communications by deactivating your Account. While secure electronic messaging is always preferred to insecure email, under certain circumstances, insecure email communication containing personal health information may take place between you and Private Medical. Private Medical cannot ensure the security or confidentiality of messages sent by email. Information relating to your care, including clinical notes and medical records, are stored on secure, encrypted servers maintained by Private Medical.
Any interaction with Private Medical's social media posts (Facebook and Instagram) are public, as is the nature of these platforms, and Private Medical is not liable for any circumstances or consequences resulting from this interaction.
Interactions or reviews posted to our social media accounts may be used for market research, however Private Medical will only have access to demographic information which is set to public on a person's profile.
Reviews posted to Private Medical's social media accounts may be used for advertising, however any review that is redistributed for this purpose will use only the reviewer's first name and their review will not be changed or paraphrased.
You may request deletion of your personal information by us; however, we may be required by law to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete personal information, it will be deleted from the active database, but may remain in our archives (subject to applicable law) and we may also retain anonymous information about your use of our services. Once we disclose some of your personal information to third parties, we may not be able to access that personal information any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures. After we delete personal information, we may retain de-identified information and will continue to use de-identified information as permitted under these Terms of Service.
We may use de-identified information created by us without restriction. When we use the term “deidentified information,” we mean information that is neither used nor intended to be used to personally identify an individual.
The Services are available for use by children, but children are not authorised to become Members and may not use the Services without the supervision of a parent or legal guardian. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these Terms of Service.
We do not knowingly allow individuals under the age of 18 to create Accounts that allow access to our Site. Children under the age of 18 may only use the Site and Services in accordance with these Terms of Service. If we learn that we have collected the personal information of a child under 18, or equivalent minimum age depending on jurisdiction, outside the above circumstances we will take steps to delete the information as soon as possible.
Members will be able to update some of their information through the Site. Requests to modify any information may also be submitted to the Medical Services Administrator, or Director of Medical Services by phoning 135 001.
We employ reasonable physical, electronic, and managerial security methods to help protect against unauthorised access to personal information, such as encryption technologies. But please be aware that no data transmission over the Internet or data storage facility can be guaranteed to be perfectly secure. As a result, while we try to protect your personal information, we cannot ensure or guarantee the security of any information you transmit to us.
We may change the Privacy Policy from time to time in the future. We will post any revised version of the Privacy Policy on this page. Continued use of our services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. By using the Site, you are agreeing to our collection, use and disposal of personal information and other data as described in this Privacy Policy, both as it exists now and as it is changed from time to time.
All capitalised terms in the Private Medical Privacy Policy not defined here shall have the meaning set forth in the Private Medical Terms of Use.
If you have questions or concerns about our Privacy Practices, or would like to report a violation, please contact us by sending an email to our Medical Services Administrator by phoning 135 001.
The law entitles you to:
We may ask that you make some of these requests in writing.
If you believe that your privacy has been violated, you may file a complaint with us or with the HealthComplaints Commissioner (HCC). You can call the HCC on 1300 582 113 in the first instance or send anemail to hcc@hcc.vic.gov.au. This should be done early on, which might be before you have all thedetails of what occurred. The HCC considers that notification to the HCC should occur within 14 days of the breach being identified.
Private Medical will not retaliate or penalise you for filing a complaint with us or HCC. To file acomplaint with us or receive more information contact:
Contact name: Alex Corbett (Medical Services Administrator)
Phone: 135 001
Email: acorbettcomplaints@privatemedical.net
This Notice describes the health care practices of:
None of the Site content (other than information you receive from Healthcare Professionals) should be considered medical advice or an endorsement, representation, or warranty that any medication or treatment is safe, appropriate, or effective for you.
When you register on the Site, you are required to create an account (“Account”) by entering your name, email address, password and certain other information collected by Private Medical(collectively “Account Information”).
You may not transfer or share your Account password with anyone or create more than one Account(except for sub-accounts established for children of whom you are the parent or legal guardian). You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. Private Medical reserves the right to take any required action, as it deems necessary or reasonable, regarding the security of the Site and your Account Information. In no event and under no circumstances shall Private Medical be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else's account at any time.
You agree to pay all fees or charges to your Account in accordance with these fees, charges, and billing terms in effect at the time a fee or charge is due and payable. After booking your consultation time, you will be sent a link to our secure payment gateway. You will be given 30 minutes from the time of booking to process your payment via the gateway link, before your allocated appointment time will expire.
By providing Private Medical with your credit card number and associated payment information, you agree that Private Medical is authorised to immediately invoice your account for all fees and charges due and payable to Private Medical hereunder and that no additional notice or consent is required. Private Medical reserves the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms of Service. You understand and agree that Services are provided on an appointment basis.
If you do not reschedule or cancel your consultation at least 24hours prior to your appointment day and time, you will be responsible for a missed appointment fee equal to all fees you would have paid for the scheduled services.
The Consultation fee will be refunded if the Healthcare Professional cancels the appointment and we are unable to provide you with an alternative appointment, or if there is a technological failure that prevents an effective Consultation between the Patient and the Healthcare Professional, and we are unable to reschedule to an alternative appointment time. Technological failure is assessed and logged by the Healthcare Professional, and only at their discretion will a refund be processed.
We cannot guarantee that a Healthcare Professional assigned to take a Consultation will be available at the appointed time. However, if a Healthcare Professional is unavailable, we will endeavour to source an alternate. We will notify you as soon as possible if your Consultation is cancelled. We respect a Patient’s right to nominate their preference of Healthcare Practitioner (e.g., the gender of their Healthcare Professional or the ability to speak a language other than English) and if possible, we will accommodate preferences, but whether we can do so is dictated by availability.
You may deactivate your Account and end your registration at any time, for any reason by sending an email to admin@privatemedical.com. Private Medical may suspend or terminate your use of the Site, your Account and/or registration for any reason at any time. Subject to applicable law, Private Medical reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies. After such termination, Private Medical will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or Healthcare Professionals are required to provide you with continuing care under their applicable legal, ethical, and professional obligations to you.
Private Medical has a Zero Tolerance Policy and will not tolerate violence or abuse of any of our staff. Termination action will be taken against those patients who do not respect this Policy.
We may at our sole discretion change, add, or delete portions of these Terms of Service at any time on a going-forward basis. Continued use of the Site and/or Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms of Service, inclusive of such changes.
You agree to indemnify, defend, and hold harmless Private Medical, and their respective shareholders, officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claims, actions, demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, your violation of these Terms of Use.
WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNETLOCATION, OR SOURCEOF INFORMATION, NOR FOR YOUR USEOF SUCHINFORMATION, SOFTWARE OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS.
The Site and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Private Medical, its licensors or other providers of such material and are protected by Australian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site except as generally and ordinarily permitted through the Site according to these Terms of Use. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
Certain of the names, logos, and other materials displayed on the Site or in the Services may constitute trademarks, trade names, service marks or logos ("Marks") of Private Medical or other entities. You are not authorised to use any such Marks without the express written permission of Private Medical. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
You will need a Webcam and Headset (or inbuilt Speakers and Microphone) when accessing our services via Laptop or Desktop. Or alternatively a smartphone or tablet with same features. It will not be possible to have a successful video consultation unless you have adequate internet, camera and microphone connectivity. You can check your connectivity here https://tools.coviu.com/precall/
Private Medical offers a technical support service to maintain and test the connections and the technology regularly and troubleshoot when problems are encountered. If you encounter a technological issue, please contact admin@privatemedical.net or phone 135 001.
Message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Private Medical devotes considerable effort to optimising signal strength and diagnosis deficiencies but is not responsible for the internet or data bandwidth and signal of your mobile or other device.
In Victoria, where Private Medical Pty Ltd is based, a right to privacy is included in section 13 of the Victorian Charter of Human Rights and Responsibilities Act 2006, which states that everyone has the right to keep their lives private, and to not have their family, home or personal information interfered with. If you have concerns about our Privacy Practices, please contact our Medical Services Administrators by phoning 135 001.
If you choose to exercise your privacy rights, you will not receive discriminatory treatment or less service from us.
Private Medical makes no representation that all products, services and/or material described on the Site, or the Services available through the Site, are appropriate or available for use in locations outside the Australia or all states and territories within Australia.
All Health Professionals performing licensed clinical services on the Site hold the professional licenses issued by the professional licensing boards or agencies in the states where they practice. You can report a complaint relating to the care provided by a Healthcare Professional by contacting the professional licensing board in the state where the care was received.
Any clinical records created as a result of your use of the Services will be securely maintained by Private Medical on behalf of the Healthcare Professionals for a period that is no less than the minimum number of years such records are required to be maintained under state and federal law, which is typically at least seven years.
These Terms of Service and your use of the Site shall be governed AHPRA and The National Boards, who have the same expectations of Health Professionals using Telehealth to provide patient consultations/patient services as they do when practitioners are delivering services face-to-face. When providing telehealth services, the National Boards expect that Health Professionals practise in accordance with their National Board’s regulatory standards, codes, and guidelines, specifically that they will act in accordance with the standards set out in their profession’s Code of Conduct or equivalent including expectations about confidentiality and privacy, informed consent, good care, communication, health records and culturally safe practice. Health Professionals are also to ensure they have appropriate professional indemnity insurance (PII) arrangements in place for all aspects of your practice, including telehealth consultations.
All Health Professionals working within Private Medical are aware of and comply with: State and territory legislative requirements including (but not limited to) authorities that regulate heath records and digital image prescriptions privacy legislation and/or any other relevant privacy requirements when appropriate, the use of government health and prescription monitoring services such as Prescription Shopping Programme, My Health Record, Healthnet, Real Time Prescription Monitoring platforms and any other relevant legislation and/or regulatory requirements.
No waiver by Private Medical of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Private Medical to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect. Please send any questions or report any violations of these Terms of Service to admin@privatemedical.net.
If you have any questions, please contact our Administration Team, at admin@privatemedical.net. Emails or electronic messages to our Administration Team may not be returned immediately.
If you are experiencing a medical emergency, you should call 000 or present to your nearest Emergency Department.
Policy 01 | Version 01 | May 22
