Our Terms Of Service

Use of the website www.doctorsondemand.com.au, our mobile applications and other mediums to which we facilitate the provision of the Services (together our Platform) is subject to these terms of service (Terms) and all applicable laws. By accessing or using the Platform, or otherwise using our Services, you accept and agree to be bound by these Terms  together with our privacy policy (available by following this link) (Privacy Policy), in each case as varied from time to time.

What is Doctors On Demand?

Doctors on Demand Pty Ltd, (Doctors on Demand, we, us, or our) operate an online platform to facilitate the treatment of people (Patients) and the provision of telehealth, healthcare and related services by Australian registered healthcare practitioners, including doctors, psychologists and dieticians (Healthcare Practitioners) via videoconference (together the Telehealth Services).

 

Healthcare Practitioners offer the Telehealth Services via the Platform through the provision of online consultations (Consultations) with Patients by virtually examining and taking the medical history of the Patient via videoconference and other technologies, and without physically examining them or meeting them in person.

 

Like face to face healthcare providers, many factors may impact on the availability of Healthcare Practitioners or the operation of the technology necessary to perform the Telehealth Services. Whilst we endeavour to ensure that the Telehealth Services are available at all times, the making of a booking on the Platform does not guarantee that medical treatment will be available at a specified time, or at all.

 

Consultations booked via the Platform are an arrangement entered into strictly between the Patient and the relevant Healthcare Practitioner, and we do not verify, endorse, recommend or guarantee any Healthcare Practitioner or any information or advice they provide during a Consultation or via the Platform.  The services provided by Doctors on Demand is strictly limited to providing a platform for communication and access between Patients and Healthcare Practitioners and we have no control over, or liability with respect to, the actions or omissions of any Healthcare Practitioner.

 

Any personal or medical information that is provided by a Patient to us or a Healthcare Practitioner shall be utilised and stored in accordance with our Privacy Policy and you consent to the use of such information in accordance with our Privacy Policy.

Not Medical or Healthcare Advice

You acknowledge and agree that we are not a medical or healthcare provider and are not liable for any medical or healthcare services, including the Telehealth Services, booked using the Platform except to the extent expressly provided by these Terms.  All medical and healthcare related queries should be directed to a Healthcare Practitioner.  We do not warrant or represent that any particular medication or treatment (including medication or treatment provided by a Healthcare Practitioner during a Consultation) is safe, appropriate or effective.

 

Information contained on the Platform (other than information provided by a Healthcare Practitioner during a Consultation) does not constitute medical or healthcare advice.  Patients should not rely upon information on the Platform as a substitute for obtaining specific advice from a doctor or other qualified healthcare practitioner.

No Emergency Service

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 treatment for a serious medical condition or require immediate or urgent medical assistance, you should contact emergency services on 000 or attend the nearest hospital emergency centre.

Not a substitute for ongoing medical care

The services offered via the Platform, including the Telehealth Services, 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 healthcare needs. Patients are encouraged to schedule follow-up visits with their primary physician to help facilitate proper holistic management of their healthcare requirements.

Accuracy of Patient Information and History

Like all healthcare services, the effectiveness of the Telehealth Services is dependent on complete and truthful answers to all questions asked to assess the appropriateness of treatments and medications for Patients. As a Patient (or guardian of a Patient, if applicable), you acknowledge and agree to:

  • answer all questions asked;
  • be accurate and fulsome in your answers; and
  • report any new symptoms or worsening of condition that has occurred since your last Consultation.

Limitation of Liability and Indemnity

You acknowledge and agree that:

  • we are not liable for your medical care, the medical care of a Patient or for any medical, healthcare or other advice (including prescriptions) given by a Healthcare Practitioner;
  • to the maximum extent permitted by law, we shall not be liable for any direct, indirect, special, punitive, incidental, exemplary, contractual, or consequential damages, or any damages whatsoever of any kind, resulting from any loss arising out of or in any way connected with your use of the Platform; and
  • to the maximum extent permitted by law, 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:
  • any treatment, advice or information provided during a Consultation and any other services provided by a Healthcare Practitioner to a Patient (including any medications prescribed by a Healthcare Practitioner and the quality or suitability of any services provided by a Healthcare Practitioner);
  • any personal injury, mishap or death or any alleged or actual malpractice or negligence by any Healthcare Practitioner;
  • your failure to answer any questions truthfully, or to provide any information requested by us or a Healthcare Practitioner; and
  • your use of the Services offered by the Platform.

EXCEPT AS EXPRESSLY STATED IN AN AGREEMENT BETWEEN YOU AND DOCTORS ON DEMAND, ALL CONTENT, SERVICES, PRODUCTS AND SOFTWARE PROVIDED ON THE PLATFORM ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE PLATFORM, ITS CONTENT, AND THE PRODUCTS AND SERVICES OFFERED BY US ON THE PLATFORM FOR YOUR INTENDED APPLICATION AND USE. WE DO NOT WARRANT THAT THE PLATFORM, ITS CONTENT, OR THE PRODUCTS AND SERVICES OFFERED ON THE PLATFORM 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.

Regarding the use of the Site

The Platform offers a convenient service for Patients with straightforward, non-emergency medical needs to access medical advice via telehealth.  By accessing the Platform, you acknowledge and agree that:

  • you are at least 18 years of age and (one of) the Patient or their legal guardian, parent or health attorney. You will provide proof of identity with a driver’s license or other legal document if requested to do so;
  • the Patient is not suffering dangerous or unusual symptoms (e.g. suddenly decreased or blurred vision, severe headaches, inexplicable pain or nausea, fainting spells, bleeding, numbness or tingling/pins and needles in any part of the body);
  • the need for the Consultation is unconnected with an accident or injury, regardless of cause;
  • the Patient does not suffer from multiple or serious chronic conditions and does not currently take multiple prescribed medications;
  • the Patient does not require a prescription of any ‘schedule 8’ (narcotic) medicines or any medicines with the potential for abuse or addiction;
  • you have completed the ‘Patient General Medical Questions’ completely and truthfully, and have not omitted information which is or may be relevant to the Patient’s care;
  • we do not represent, warrant or guarantee the quality of any medical advice provided by a Healthcare Practitioner during a Consultation or otherwise;
  • we do not guarantee that a Healthcare Practitioner will hold any additional qualification or specialist knowledge and we are not responsible for the manner in which a Consultation is conducted or the quality of any medical advice provided;
  • if either you or the Patient are hard of hearing, you/they will have a hearing assistance device during the Consultation;
  • you are responsible personally for the costs of the Consultation in accordance with these Terms;
  • if, during a Consultation, a Healthcare Practitioner considers that the Patient needs further treatment or examination, you will seek that as soon as possible (and that neither we, nor the Healthcare Practitioner, are responsible for following-up Patients);
  • any medication or other treatment prescribed by a Doctor will be solely for the Patient’s own personal use and you will not allow any other person to take medication that has been prescribed to a Patient;
  • you will not share your Platform username and password with anyone and will take all reasonable steps to ensure that a third party does not gain access to your account;
  • we reserve the right to cancel your registration on the Platform without notice at our sole discretion;
  • if a Healthcare Practitioner prescribes medication or a treatment for a Patient, and the Patient suffers from any noticeable side-effects, you will notify us immediately so that the Healthcare Practitioner can fulfil their duty of after-care;
  • you will only use the Platform in good faith and for its intended purpose, and in compliance with Australian law;
  • you will treat the personal information of others in accordance with the provisions of the Privacy Act 1988 (Cth) and all relevant privacy legislation; and

you must not load or publish any material that contains any virus, trojan horse, worm or other programs that have an adverse effect on the Platform, or the hosting infrastructure.

Payments and Refunds

Payment options are displayed on the Platform. 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 to be paid at the time of booking to confirm the appointment using the credit card provided and you agree that we are authorised to immediately process the payment at the time of booking. You will never be charged more than the agreed amount. The Consultation fee will be refunded if the Healthcare Practitioner cancels the appointment, or if there is a technological failure that prevents an effective Consultation between the Patient and the Healthcare Practitioner. Technological failure is assessed and logged by the Healthcare Practitioner. 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. 

Where you use our QuickScript service to obtain a prescription, and request the prescription to be dispensed and delivered through one our partner pharmacies, you will be required to pay Doctors on Demand for the Consultation, and to pay one of our partner pharmacies to dispense and deliver the prescription.  We will collect both payments from you when you use the QuickScript service, and pass on the payment to our partner pharmacy for the prescription and delivery.  

Consultations and Availability of Doctors

We cannot guarantee that a Healthcare Practitioner assigned to take a Consultation will be available at the appointed time. However, if a Healthcare Practitioner is unavailable, we will endeavour to source an alternate.  We 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 Healthcare Practitioner (e.g. the gender of their Healthcare Practitioner 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 Healthcare Practitioner has full discretion to:

  • interrupt or re-schedule a Consultation;
  • discontinue a Consultation; or
  • decline to treat you / the Patient,

for any reason they consider reasonable.

 

Complex medical problems may not be suitable for Consultations 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.

Dispensing of prescription medicines

All prescriptions written after a Consultation are passed on by the Healthcare Practitioner 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. 

All prescription medicines dispensed and delivered through our QuickScript service are sold, dispensed and delivered by our partner pharmacies, and not by Doctors on Demand.  Doctors on Demand is not a pharmacy and does not dispense, sell or deliver prescription medications.  Rather, our QuickScript service connects you with a partner pharmacy that stocks the relevant medication, and we collect payment for the medication and delivery on behalf of our partner pharmacies and transfer those funds to them. 

Use of Communications Tools

How a Consultation is conducted (including any follow-up of a questionnaire received for a prescription) is up to the Healthcare Practitioner 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 in case the Healthcare Practitioner wishes to send paperwork to you or the Patient after the Consultation.

 

Please note that no communications between a Healthcare Practitioner and a Patient is authorised outside of the allocated Consultation time without the prior written approval of the Healthcare Practitioner.

Reviews

We may, from time to time, invite you to submit a review of the Services to the Platform.  You acknowledge that any content submitted by you on the Platform may be used in any manner we deem appropriate at our sole discretion.

 

You agree that you will not at any time make any disparaging comments, or make or publish any statement or do any other thing which may tend materially to harm or prejudice our reputation or goodwill, including through the use of social media, web discussion groups, or other websites.

Intellectual Property Ownership

The Platform 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. Any intellectual property rights in any feedback that you provide us in relation to the Platform vests with us and shall remain our property. These Terms permit you to use the Platform for your personal, non-commercial use only. You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.

Privacy Policy

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. We will only use your personal information in accordance with the terms of our Privacy Policy.

Amendments

We may change these Terms at any time without notification, and you agree that these changes will come into effect the next time you use the Platform.  Your continued use of the Platform will constitute acceptance of the updated Terms. The latest version of these Terms will always be available at https://www.doctorsondemand.com.au/blog/terms-of-service/

Governing Law

The laws of Queensland govern these Terms and each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland and courts competent to hear appeals from those courts.