Last updated: 13 May 2019
Terms and Conditions (Patient)
HealthShare Pty Limited (ACN 163 980 569), trading as BetterConsult (BetterConsult, us or we), has developed and operates the website found at https://www.betterconsult.com/ (Platform). This document and/or the Platform web page contains the terms and conditions upon which we make the Platform available to you and provide the Services (Terms). Any new features, updates, upgrades, improvements or augmentation of the Platform and associated features or services are considered BetterConsult’s and shall be subject to these Terms.
BetterConsult may from time to time make changes to the Platform and/or amend, update or change these Terms, without prior notice to you, by posting a revised version of the Platform or these Terms (as applicable) on the Platform website. You should periodically check these Terms for changes. In case of a Substantial Change BetterConsult will provide at least 7 days’ prior written notice of the change. “Substantial Change” means a change to the Terms that reduces your rights or increases your responsibilities.
These are the current Terms and replace any other terms and conditions of use previously published or addressed between us. Any revisions to these Terms will take effect on and from the specified effective date or where no effective date is specified, when the revised Terms are posted on the Platform webpage.
It is important that you understand these Terms, as they form a legal contract that governs your use of the Platform and the Services (defined below). Pursuant to your application to access or use the Platform, and/or by actually accessing or using the Platform, you agree to be bound by these Terms.
2. Who are ‘you’?
For the purposes of these Terms, ‘you’ means you, who is a patient (or potential patient) or someone registering on behalf of a patient (and warrants that they are an authorised representative of that Patient, or their parent or their legal guardian) who registers, accesses or uses the Platform for the purposes of receiving the benefit of the Services (occasionally referred to as “Patient” in these Terms).
BetterConsult, through its Platform, provides services in which medical or healthcare providers (Practitioners) may obtain information about their Patients by: (a) collecting, aggregating and modifying Patient Data into a format suitable for use by Practitioners; and (b) transferring Patient Data to Practitioners; and (c) may assist Patients to book consultation times with Practitioners of their choice (Services). BetterConsult is not a clinician, doctor or health care provider. BetterConsult does not provide medical treatment services, any clinical assessments, diagnostic services or any other medical service and is not a substitute for you obtaining your own professional health advice.
For the purposes of these Terms, “Patient Data” means any information the Patient enters on the Platform or recorded in the record relating to the Patient.
These Terms will commence on the date you register with BetterConsult (Commencement Date) and will continue (as amended from time to time) until such time as they are terminated under these Terms.
5. User Accounts
We will provide you with the ability to create a User Account with your own username and password to access the Platform.
You must access the Platform with your User Account. You must not share or transfer your User Account with or to any other person. You are responsible for maintaining the confidentiality of your User Account including your username and password. You are solely responsible for the consequences of any use of your User Account and password, including by third parties regardless of whether that use is authorised or permissible. You must notify us if you become concerned that unauthorised access has been made to your User Account and you must take all appropriate steps to mitigate any harm unauthorised access may cause.
To enable your registration to access and use the Platform and the Services, you will be requested to provide your email address and such other information as we may reasonably require (Credentials) including details of any medical practitioner or specialist that you wish to see or have your information passed onto in respect of a recipient or potential recipient of your medical services.
By registering with the Platform and providing the Credentials, you agree that you:
- are not impersonating any other person;
- are not intentionally or unintentionally violating any applicable state or federal law regarding any use of personal or identification information;
- are authorised to create a User Account in the name of the account you create.
Should we suspect or identify an individual to be inappropriately or unlawfully adopting a person‘s identity we may, without notice to you, disclose that information to any relevant persons or authorities.
6. Licence to use Platform
When you create an account with us and subject to your compliance with these Terms, we grant to you a non-exclusive, non-transferable licence to use the Platform in Australia for the sole purposes of obtaining the benefit Services, subject to these Terms.
In consideration for the granting of the licence under these Terms, you must not:
- commercially exploit or make available to any third party the Platform or our Services in any way.
- use the Platform or the Services for any purposes other than the purposes for which it was designed under these Terms.
- use the Platform or the Services in any way which violates the rights of a third party or infringes any other party’s intellectual property rights or for any inappropriate illegal or unlawful purpose.
- interfere with or disrupt the integrity or performance of the Platform or the Services.
- do any act or thing whatsoever which may injure, impair or reduce or be likely to injure, impair, or reduce the business, goodwill or reputation of BetterConsult or its standing in the eyes of the public or any of its clients.
- Without our prior written consent, setup or conduct a health sector technology company which provides Patient booking services or communication services between patients and his or her health providers, or otherwise services that are the same or similar to those provided by BetterConsult through the Platform.
- Approach directly or indirectly any of our employees to influence him or her to cease employment with us or otherwise entice him or her away from us.
All rights not expressly granted by us to you in these Terms are reserved by us and our licensors. We reserve the right to, at any time, and without prior notice, disable or remove your User Account and/or access to the Platform or the Services in the event of any breach or suspected breach of this clause 6.
In relation to any User Account, each User shall keep a secure password for their use of the Services and the password shall be kept confidential.
The conditions on which the above licence is granted are material terms and shall survive for a period of three years after termination of these Terms.
7. Information and content
You warrant and represent to us that:
- all information you provide is accurate, true and correct in all material respects; and
- you hold all necessary privacy consent(s) and permission(s) to enable us to perform our obligations under these Terms.
We reserve the right to suspend your User Account at any time, if we believe that our brand, operations (including the Platform and the Services) or business (including our clients, service providers, suppliers, partners or affiliates) may be adversely affected or harmed as a result of your continued use of the Platform and the Services.
As a Patient, your use of the Platform is without charge to you. BetterConsult may receive a fee from Practitioners and other organisations who use the Platform and Services.
9. Practitioners and Patient Data
Practitioners are independent service providers chosen by the Patient and are not affiliated with BetterConsult in any way, other than as users of the Services. BetterConsult does not endorse any Practitioners and does not verify the suitability, skills, ability, degrees, qualifications, credentials, experience or background of any Practitioners. BetterConsult assumes no responsibility for any advice, information, diagnosis or services provided by or any act or omission of Practitioners. BetterConsult exercises no control over the nature, quality, safety or legality of any Patient dealings with Practitioners nor is BetterConsult a party to, involved in or responsible for any transactions Patients may enter into with Practitioners. We give no guarantees and make no warranties or representations in relation to any of these aspects whether express or implied.
BetterConsult relies on the Patient to enter true, accurate and complete information in all material respects about the medical condition(s) or issue(s) for which the Patient seeks to engage the Practitioner’s treatment or advice. In providing the Services, BetterConsult makes this Patient Data available as is and does not undertake any monitoring, vetting, testing or screening over the quality, suitability or accuracy of the Patient Data. BetterConsult does not purport to provide a complete record about the Patient. The Practitioner must always independently verify, amend or update the Patient Data for each consultation.
Further, we make no representation, warranty or guarantee that the supply of Patient Data to a Practitioner will result in a correct or accurate diagnosis by the Practitioner or yield any particular result.
You must ensure in respect of all your Patient Data that:
- its contents are truthful and is as complete as possible;
- it is not misleading, deceptive or materially inaccurate in any way, including in relation to the availability, nature, terms or conditions or any other matter relating to the services being offered or sought;
- it is compliant with all applicable laws and licensing requirements;
- it addresses all symptoms and reasons for which you are wanting to see the health professional.
- We are under no obligation or duty to monitor, consider, evaluate, assess, review, screen, censor or remove Patient Data.
- Transmitting Patient Data: The BetterConsult Platform transmits your Patient Data to Practitioners who provide you with the relevant link to the platform. Updates to Patient Data may be shared with a Practitioner.
- You acknowledge and agree that BetterConsult has no control over and has no responsibility for the storage, use, misuse or disclosure of Patient Data by Practitioners. Patient Data transmitted to Practitioners via the Platform is stored by Practitioners on their own servers and information management systems and is stored and used in accordance with their own information management policies and practices, and the terms of engagement you agree with your Practitioner.
- You release BetterConsult and hold it harmless from and against all Losses suffered by you or any person directly or indirectly, as a result of the transmission of any Patient Data by BetterConsult, the Services or the Platform, to any Practitioner including the Practitioner's access to, storage, disclosure, use or misuse of your Patient Data.
- You acknowledge and agree that BetterConsult may use and retain de-identified Patient Data. This clause survives termination of these Terms for any reason, and/or deletion of your records
- We cannot guarantee, and make no representations in relation to the completeness or accuracy of any data or information on the Platform including but not limited to Patient Data or data or information received by any other Practitioner.
10. Translations and Modifications
The Platform may provide a Patient who speaks a language other than English, the ability to enter his or her Patient Data in a different language. BetterConsult will use resources to translate that information, as best it can. BetterConsult may also translate Patient Data from plain English language to medical terminology commonly used by Practitioners.
BetterConsult provides these translation features with no warranties or guarantees, express or implied. It is the Practitioner’s responsibility to independently verify, amend or update the Patient Data during each consultation.
11. Information and intellectual property rights
BetterConsult owns all applicable rights, title and interest in and to all Intellectual Property Rights embodied in or associated with its software, applications, the Platform and Services it provides (including but not limited to any images, photographs, animations, video, audio, music, text and applets incorporated into the platform, any accompanying documentation and printed materials), subject to this clause 11.
BetterConsult does not grant you any right, title or interest in or to the Services or Platform, other than the licence to use the Platform or Services under clause 6 of these Terms.
You own your Patient Data and BetterConsult makes no claim to ownership of any third party owned treatment or diagnostic related radiographic images, videos, photos, recordings or data uploaded by the Patient or Practitioner.
BetterConsult is otherwise granted by you, an irrevocable, royalty free licence to use, display, copy, modify, adapt, aggregate and publish all Intellectual Property Rights or de-identified Patient Data, without limitation any other data or information arising under these Terms for its business purposes. Any such modification, enhancement, aggregation or adaptation is owned by BetterConsult.
The URLs representing the Platform, “BetterConsult” and “HealthShare” marks and all related logos of our products and services described in our website(s) are either subject to copyright, trademark or existing registered trademark ownership by BetterConsult (or BetterConsult’s licensors) and may not be copied, imitated or used, in whole or in part, without the prior written permission of BetterConsult.
“Intellectual Property Rights” in respect of a party means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secrets and all other intellectual property rights or derivatives thereof.
12. Disclaimer of warranties
BetterConsult, and its officers, employees, its licensors and its suppliers provide the Platform and Services "as is" and without any warranty or condition, express, implied or statutory to the maximum extent permitted by law. BetterConsult and its officers, employees, its licensors and its suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to the maximum extent permitted by law.
We do not guarantee continuous, uninterrupted access to the Platform and related services, and operation of the Platform and our website(s) may be interfered with by numerous factors outside of our control. You are responsible for implementing appropriate security processes, systems and procedures to protect yourself from the download of any virus, worms, trojan horses or other code that has contaminating or destructive qualities. We cannot guarantee or warrant that any file you download from the Platform or which we deliver to you will be free of such things.
BetterConsult uses all reasonable endeavours to keep its data and systems secure and encrypts personally identifiable information.
14. Automated use of BetterConsult
Crawling, spidering or scraping of content is prohibited, except to the extent required by recognised search engines (e.g. Google) for the purposes of indexing BetterConsult’s public pages. You may not provide unauthorised interfaces to any of our applications.
15. Prohibited Content
Notwithstanding anything to the contrary in these Terms, you must not do any of the following without our prior express written permission:
- attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Platform or Services;
- take any action that imposes an unreasonable or disproportionately large load on BetterConsult’s infrastructure, including spam, DDOS or other unsolicited mass e-mailing techniques;
- use BetterConsult for any objectionable or unlawful purpose, including the posting of any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or spam material;
- use BetterConsult in a way that would result in you breaching any applicable legislation or licensing obligations (including with respect to privacy) or any obligations you may owe to third parties;
- mislead or deceive others through any act or omission or make a false representation about your identity, including the impersonation of a real or fictitious person or using an alternative identity or pseudonym;
- publish advertising material of any kind or market any goods or services directly to other users in breach of the Spam Act 2003, Privacy Act 1988 or any other statute, code of practice or guideline;
- introduce any virus, worm, Trojan horse, malicious code or other program which may damage our, or any user’s, computers, computer software, or other computer equipment; and
- provide to any persons who are not authorised users of the Platform, any part of the information included in the Services or the Platform, except as permitted in these Terms.
16. Trade marks
You may not use or display any trade marks on the Platform without first obtaining the consent of the owner of the trade mark. We own the distinctive ‘BetterConsult’ brand and logo. Nothing on BetterConsult creates any right on your part (express or implied) that would allow you to use or display a trade mark that you do not own, regardless of whether the trade mark is currently registered.
If you intend to post any personal information on this Platform that relates to a third party (including their name, email address or phone number), you must obtain their consent before doing so.
18. Links to other Platforms
The Platform may contain or use links and interfaces to other websites, applications, portals or gateways (Third Party Platforms). We have no control over Third Party Platforms and we are not responsible for, and expressly disclaim all liability arising out of, or in connection with, Third Party Platforms.
19. Continuity of Service
We will provide support for the Platform from Monday to Friday 9am to 5pm (AEST) excluding public holidays (Support Hours) in New South Wales. You can access our support services during Support Hours by emailing our support team at firstname.lastname@example.org.
Continuity of Service
We will use all reasonable endeavours to ensure you have access to the Platform. We will use reasonable endeavours to acknowledge receipt of any issue you communicate to us about the performance of the Platform.
We may make scheduled changes to the Platform from time to time (Scheduled Outages). Where practical, we will give you reasonable notice of any Scheduled Outage that is likely to affect your use of the Platform and Services, however Scheduled Outages conducted outside Support Hours may not be notified to you. We will endeavour to make any Scheduled Outage as short as possible and at a time of day where the Platform’s usage is low. Usually, a Scheduled Outage will not last longer than 30 minutes and often a scheduled outage will not last more than 15 minutes.
While we use reasonable endeavours to ensure that outages are Scheduled Outages, from time to time we may need to make Unscheduled Outages if we determine, in our discretion, that an Unscheduled Outage is required for the security, operation or performance of the Platform (or any other website of ours) including but not limited to enabling us to apply urgent patches or fixes, perform urgent or unanticipated maintenance or otherwise to enhance, repair or make modifications to the Platform as soon as possible. An unscheduled outage means the unavailability of all or part of the Platform outside of planned maintenance hours or which is not a Scheduled Outage (Unscheduled Outage).
Suspension of User Account
Notwithstanding any other provision in these Terms, we may at any time suspend your User Account and access to the Platform for any reason, including without cause. The most likely reasons why we might suspend your User Account or access to the Platform include (but shall not be limited to):
- you being in breach of these Terms;
- a legal requirement, such as an injunction or due to an investigation by police or other law enforcement agency; or
- if we have a security concern in relation to your User Account.
Where practical and permissible, we will give you reasonable notice of any suspension unless the reason for the suspension relates to some wrongful conduct by you.
We will not have any liability in connection with any suspension of your User Account or your access to the Platform, regardless of the reason for suspension.
- Termination by Us
We may terminate these Terms upon any breach of these Terms by you, by giving you written notice of the relevant breach, if the breach has not been remedied within 14 days of such notice. For substantial breaches (namely breaches of clauses 5, 6, 7, 11, 14, 15, 21 of these Terms or persistent and repeated minor breaches), we may terminate these Terms immediately on notice to you.
- Termination by You
You may terminate these Terms for convenience at any time by giving us written notice of your intention to terminate.
- Effect of termination
On termination of these Terms, your right to use and access the Platform and the Services will terminate.
21. Limitation of liability and indemnity
You use the Platform and Services entirely at your own risk.
We will use our best endeavours to ensure that access to the Platform will be free of viruses, malware or other code that has contaminating or destructive qualities. You are responsible for implementing appropriate processes, systems and procedures to protect yourself from this type of issue.
You indemnify us, and agree to keep us indemnified, from and against any claim, loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your improper use of or conduct in connection with the Platform or the Services, including any breach by you of these Terms or any applicable law or licensing requirements.
To the maximum extent permitted by law, we exclude all implied representations and warranties which, but for these Terms, might apply in relation to your use of the Platform. To the extent that our liability cannot be excluded by law, our maximum liability, whether in contract, equity, statute or tort (including negligence), to you will be limited to $100.
Notwithstanding anything to the contrary in these Terms, in no circumstances will we be liable to you or any third party for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.
22. Dispute resolution
- Subject to clause 23(d), the parties must attempt to settle by negotiation any dispute in relation to this Agreement before resorting to external dispute resolution mechanisms.
- If a dispute is not settled by the parties within fourteen (14) days of one party sending to the other party written notice of the dispute, the dispute must be submitted to mediation. If the dispute is not settled by the parties within thirty (30) days of mediation, either party may commence court proceedings in relation to the dispute.
- Notwithstanding the existence of a dispute each party must continue to perform its obligations under the Agreement, except where the performance of an obligation is the subject matter of the dispute.
- A party may commence court proceedings relating to any dispute arising from this Agreement at any time where that party seeks urgent interlocutory relief.
Without limiting the other ways in which we may give notices to you, we may provide notices to you under these Terms by sending them to any email address you provide to us. You will be treated as having received any email sent by us instantly.
You may only give notices to us (which must be in writing) by delivering them personally, or sending them by certified mail, to our principal place of business, which is as follows:
Healthshare Pty Ltd t/as BetterConsult
Suite 603/1 Newland Street
Bondi Junction NSW 2022
- Feedback: We may collect feedback from Patients, you and other users about the Platform and Services to assist improvements to the same.
- Disputes: You are solely responsible for all queries and complaints concerning the provision of advice and information to any practitioners. Any disputes between you and a practitioner must be resolved between you and the practitioner without involving BetterConsult.
- Assignment and Novation: We may assign or novate any of our rights or obligations under these Terms without your consent. You are not allowed to assign, novate, delegate or sub-contract any of your rights and obligations under these User Terms.
- No Waiver: A waiver of these Terms must be agreed to in writing. No failure, delay, relaxation or indulgence by us in exercising any right conferred under these Terms operates as a waiver of that right.
- Cumulative Rights: The rights, powers and remedies provided to us in these Terms are cumulative with and are not exclusive of the rights, powers or remedies provided by law independently of these Terms.
- Entire Agreement: These Terms constitute the entire agreement between us in relation to its subject matter. You acknowledge and agree that you have not relied on any representations by agreeing to these Terms, except those contained in these Terms.
- Governing Law and Jurisdiction: These terms and conditions must be construed and interpreted in accordance with the laws of the State of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the Courts of that State.
- Relationship: Nothing in these User Terms creates or is intended to create any relationship of agency, partnership, joint venture, employment or similar between the parties. You have no authority to bind us or our related entities in any way.
- Force Majeure: We will be under no liability to you in respect of anything which may constitute a breach of these Terms arising by reason of force majeure, or circumstances beyond our control including, but not limited to, acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, war, terrorism, civil commotion or civil authority, including acts of local government and parliamentary authority, inability to supply the Services, telecommunications failure, materials, breakdown of equipment and disputes of whatever nature and for whatever cause arising including, but without prejudice to the generality of the foregoing, work to rule, overtime bars, strikes and lock outs.
- Severance: If any part of these User Terms is deemed unlawful, void or for any reason unenforceable then that provision is deemed to be severed from these User Terms and does not affect the validity and enforceability of any of the remaining provisions of these Terms.
- Survival: clauses 5, 6, 9, 11, 12, 15, 16, 17, 20, 21, 22, 23 and 24 survive termination of these Terms.
- Interpretation: Unless it is inappropriate in the context:
- the singular includes the plural and vice versa;
- a reference to an individual or person includes a corporation, firm and government body and vice versa;
- a reference to ‘dollars’ or ‘$’ is to an amount in Australian currency;
- a reference to a party includes that party’s executors, administrators, substitutes, successors and permitted assigns;
- any covenant, agreement or warranty on the part of or in favour of two or more persons is deemed to bind or be in favour of them jointly as well as each of them severally;
- the meaning of general words is not limited by specific examples introduced by ‘including’, ‘such as’, ‘for example’ or ‘even if’, or other similar expressions;
- a reference to a document (including these Terms) includes the document as modified from time to time and any document replacing it;
- a reference to one gender includes each gender; and
- headings are included for convenience and do not affect interpretation.