Last updated: 10 March 2022

BetterConsult Patient Terms of Use

1. Overview

HealthShare Pty Limited (ACN 147 153 526), trading as BetterConsult (BetterConsult, us or we), has developed and operates the website found at (Platform). This document contains the terms and conditions upon which we make the Platform available to you and provide the Services (as defined below) (Terms). Any new features, updates, upgrades, improvements or augmentation of the Platform and associated features or services that we provide to you will 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 check these Terms for changes each time you complete a pre-consultation questionnaire.

These are the current Terms and replace any other terms and conditions of use previously published or addressed between us. Any modifications to these Terms will take effect on and from the specified effective date or where no effective date is specified, when the revised Terms have been posted on the Platform webpage (and any subsequent use of the Platform by you will be deemed acceptance by you of those modified Terms).

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). By 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 the individual who is a patient (or potential patient) of a Practitioner and who accesses or uses the Platform ("Patient"). In these Terms, 'you' also means someone who is accessing or using our Platform on behalf of a Patient (and who warrants that they are an authorised representative of that Patient, or are the parent or the legal guardian of the Patient) ("Carer").

3. Services

BetterConsult, through its Platform, provides services in which medical or healthcare providers (Practitioners) may receive information about their Patients who have completed a pre-consultation questionnaire via the Platform by: (a) collecting, aggregating and modifying Patient Data into a format suitable for use by Practitioners; and (b) transferring Patient Data to a medical practice or Practitioner (Services). As part of our Services, the Platform may collect information to check if you might be experiencing symptoms of certain medical conditions that may affect how your Practitioner will provide health services to you (such as if you are experiencing symptoms of COVID-19) and we may advise your Practitioner's medical practice accordingly.

BetterConsult is not a clinician or doctor. The Platform does not provide medical treatment services, clinical assessments or diagnostic services. The Platform is not a substitute for you obtaining your own professional health advice or for Practitioners conducting an independent clinical assessment of your medical condition. It is your responsibility to ensure that Patient Data that you provide via the Platform is complete, accurate and up-to-date.

4. Term

These Terms will commence on the date that you first access or use the Platform and will continue (as amended from time to time) until such time as they are terminated under these Terms.

5. Using the Platform

When you access and use the Platform and the Services, you will need to identify the health practitioner that you wish to see or have your information passed onto as a recipient or potential recipient of their medical services.

When accessing and using the Platform, you represent and warrant to us that you

  1. are not impersonating any other person; and
  2. are not intentionally or unintentionally violating any applicable state or federal law regarding any use of personal information or identification information.

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

Subject to your continued compliance with these Terms, we grant to you a non-exclusive, non-transferable, revocable, royalty-free, licence to access and use the Platform in Australia for the sole purposes of receiving the benefit of the Services.

In consideration for the granting of the licence under these Terms, you must not:

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 access to the Platform or the Services in the event of any breach or suspected breach of this clause 6.

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:

  1. all information you provide is genuine, accurate, true and correct in all material respects and that you will update this information as soon as possible if any of this information changes; and
  2. 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 access 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.

8. Fees

As a Patient, your use of the Platform is without charge to you.

9. Practitioners and Patient Data

  1. Practitioners are independent service providers chosen by the Patient and are not affiliated with BetterConsult in any way, other than as users of the Platform. 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.
  2. BetterConsult relies on the Patient to enter genuine, true, accurate and complete information about the reason, 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, evaluation, assessment, review, vetting, testing, censoring, removal or screening over the quality, suitability or accuracy of the Patient Data. BetterConsult does not purport to provide a complete record about the Patient. Your Practitioner must always independently verify, amend or update the Patient Data for each consultation. It is your responsibility to let your Practitioner know if any of the Patient Data provided via the Platform is inaccurate, out-of-date, incomplete or misleading. If you have any concerns, you must raise these directly with your Practitioner.
  3. 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 nor do we make any representation, warranty or guarantee as to the completeness or accuracy of Patient Data.
  4. You warrant and must ensure in respect of all your Patient Data that:
    1. its contents are truthful and is as complete as possible;
    2. 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;
    3. it is compliant with all applicable laws and licensing requirements; and
    4. it addresses all symptoms and reasons for which you are wanting to see the health professional.
  5. We are under no obligation or duty to monitor, consider, evaluate, assess, review, screen, censor or remove Patient Data.
  6. The 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.
  7. You acknowledge and agree that the storage, use, misuse or disclosure of Patient Data by Practitioners is the responsibility of those Practitioners. Patient Data disclosed to Practitioners via the Platform may be 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.
  8. 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.
  9. You acknowledge and agree that BetterConsult may use, retain, disclose or distribute to any person (for any reason and at any time) de-identified Patient Data. This clause survives termination of these Terms for any reason and any deletion of identified Patient Data. For the avoidance of doubt, BetterConsult will not send, transfer or disclose any Personal Information about Patients or Practitioners to third parties (beyond those required to perform the Services) unless the Patient or Practitioner has provided their express consent. BetterConsult will also promptly delete identifying Patient and Practitioner information associated with each pre-consultation questionnaire at a scheduled time after the Practitioner has completed their consultation with the Patient.

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

  1. As between you and BetterConsult, BetterConsult and its licensors 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 together with all modifications, enhancements, aggregations or adaptations (and 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.
  2. 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.
  3. You own your Patient Data provided via the Platform. 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 any Practitioner.
  4. You grant to BetterConsult a perpetual, world-wide, non-terminable, irrevocable, royalty free, transferable licence to use, display, copy, modify, adapt, aggregate, de-identify and publish all Patient Data (subject to the terms of our Privacy Policy (to the extent it applies)), together with all Intellectual Property Rights in relation thereto for the purpose of providing the Platform and the Services.
  5. You agree that we may de-identify, aggregate, analyse and generate insights from information we receive via the Platform, including your Patient Data (Generated Insights). We will own all rights (including Intellectual Property Rights), title and interest in and to such Generated Insights and any modifications, enhancements, aggregations and adaptations or other derived data. You acknowledge and agree that we may use and disclose the Generated Insights (including as modified, enhanced, aggregated, adapted or derived) in any way that we think fit.
  6. The URLs representing the Platform, “BetterConsult” and “HealthShare” trade marks and all related logos of our products and services described in our website(s) are either subject to copyright, trade mark or existing registered trade mark 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.

12. Disclaimer of warranties

BetterConsult, its related companies, 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. To the maximum extent permitted by law, BetterConsult, its related companies, officers, employees, its licensors and its suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. In particular, while we take all reasonable care to ensure Patient Data is provided to Practitioners as part of our Services, we do not represent, warrant or guarantee that Patient Data that we receive from you via pre-consultation questionnaires completed on our Platform will be provided or made available to your Practitioner via the Platform in a timely manner or at all. It is your responsibility to confirm that your Practitioner has received and reviewed your Patient Data via the Platform.

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.

13. Security

BetterConsult uses all reasonable endeavours to keep its data and systems secure and encrypts Personal Information that it stores.

14. Automated use of BetterConsult

Crawling, spidering or scraping of content on the Platform 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, the Platform or the Services.

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 (except to the extent you are permitted by applicable law to do so and that applicable law does not permit us to exclude your rights to do so);
- 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 the Platform for any objectionable or unlawful purpose, including the posting of any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or spam material;
- use the Platform 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 in these Terms or your use of the Platform or the Services 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.

17. Privacy

We may collect, use and disclose your Personal Information for the purposes described in our Privacy Policy which is available on our Platform.

Your registration and use of the Platform is conditional upon you agreeing and complying with our Privacy Policy. When you agree to our BetterConsult Privacy Policy (which is available at, you consent to us collecting, holding, using and disclosing your Personal Information as described in our Privacy Policy. If you do not agree to us collecting, using or disclosing your Personal Information in the manner contemplated by these Terms and our Privacy Policy, you must not use the Platform and Services.

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. If you are a Carer completing a pre-consultation questionnaire via our Platform on behalf of a Patient, you represent and warrant to us that you have provided or explained our Privacy Policy to the Patient and that you have obtained the Patient's consent to the provision of their Personal Information to us via the Platform, including for us to disclose that Patient Data to their Practitioner.

If you have any questions or concerns relating to privacy, please contact us in accordance with the process and procedure set out in the Privacy Policy.

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 your access and use of Third Party Platforms.

19. Continuity of Service

  1. Support Services
    We will provide support for the Platform from Monday to Friday 9am to 5pm (AEST) excluding public holidays recognised in New South Wales (Support Hours). You can access our support services during Support Hours by emailing our support team at
  2. Continuity of Service
    We will use all reasonable endeavours to ensure the Platform is available during Support Hours. We will use reasonable endeavours to acknowledge receipt of any issue you communicate to us about the performance of the Platform.
  3. Scheduled Outage
    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.
  4. Unscheduled Outage
    While we use reasonable endeavours to ensure that outages are Scheduled Outages, from time to time we may need to make Unscheduled Outages, including 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). This may include, but not limited to, enabling us to apply urgent patches or fixes, perform urgent or unanticipated maintenance or otherwise to enhance, repair, develop or make modifications to the Platform as soon as possible. For the purpose of this clause, an Unscheduled Outage means the unavailability of all or part of the Platform which is not a Scheduled Outage.
  5. Suspension of access
    Notwithstanding any other provision in these Terms, we may at any time suspend your access to the Platform for any reason, including without cause. The most likely reasons why we might suspend your access to the Platform include (but shall not be limited to):
    • you are in breach of these Terms;
    • where there is a legal requirement for us to do so, such as an injunction or due to an investigation by police or other law enforcement agency;
    • if we have a security concern in relation to your access to the Platform; or
    • if BetterConsult forms the view, in its absolute discretion, that its reputation, brand, operations (including its website, blogs and membership) or business (including its partners and affiliates) may be affected or harmed as a result of your use of the Platform.

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 access to the Platform, regardless of the reason for suspension.

20. Termination

  1. Termination by Us
    For breaches of clauses 5, 6, 7, 9, 11, 14, 15 or 21 of these Terms (or if you otherwise commit persistent and repeated minor breaches of any of the other clauses of these Terms), we may terminate these Terms immediately by giving notice in writing to you. Otherwise, we may terminate these Terms if you breach any of the other clauses of these Terms and you do not remedy your breach of the relevant clause within 14 days after written notice from us requiring you to remedy that breach.
  2. Termination by You
    You may terminate these Terms for convenience with immediate effect at any time by giving us written notice of termination.
  3. 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 claims (including claims by Practitioners against us), 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 or any provision by you of any Patient Data that is inaccurate, incomplete, misleading or out-of-date.

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 and Services. 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. Where any applicable legislation implies any warranties, guarantees or conditions or imposes obligations upon us which cannot be excluded, restricted or modified except to a limited extent, these Terms must be read subject to those statutory provisions. If those statutory provisions apply, to the extent to which we are able to do so, our liability will be limited, at our option, to:

  1. in the case of any goods supplied by us, either: (i) replacement of the goods or supply of equivalent goods; (ii) repair of the goods; (iii) payment of the cost of replacing the goods or acquiring equivalent goods; or (iv) payment of the cost of having the goods repaired; or
  2. in the case of any Services performed by us, either: (i) the performance of the services again; or (ii) the payment of the cost of having the Services performed again.

Notwithstanding anything to the contrary in these Terms and to the maximum extent permitted by applicable law, 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

  1. Subject to clause 22(d), the parties must attempt to settle by negotiation any dispute in relation to these Terms and/or the Platform or Services before resorting to external dispute resolution mechanisms.
  2. 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, which will be held in Sydney, Australia and administered by the Australian Disputes Centre according to its Guidelines for Commercial Mediation operating at the time the matter is referred to mediation. These guidelines set out the procedures to be adopted, the process of selection of the mediator and the costs involved. If the dispute is not settled by the parties within thirty (30) days of referral to mediation, either party may commence court proceedings in relation to the dispute in the jurisdiction specified in clause 24(g).
  3. Notwithstanding the existence of a dispute each party must continue to perform its obligations under these Terms, except where the performance of an obligation is the subject matter of the dispute.
  4. A party may commence court proceedings relating to any dispute arising from these Terms at any time where that party seeks urgent interlocutory relief.

23. Notices

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 currently as follows (and which may be updated from time to time by notice by email to you):

Healthshare Pty Ltd t/as BetterConsult
Suite 603/1 Newland Street
Bondi Junction NSW 2022

24. Miscellaneous

  1. Feedback: We may collect feedback from Patients, Practitioners, you and other users about the Platform and Services to assist improvements to the same. We will own all Intellectual Property Rights in any feedback or suggestions that we receive.
  2. Disputes with Practitioners: 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.
  3. Assignment and Novation: We may assign or novate any of our rights or obligations under these Terms without your consent by giving notice in writing to you. You are not allowed to assign, novate, delegate or sub-contract any of your rights and obligations under these Terms.
  4. 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.
  5. 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.
  6. Entire Agreement: These Terms constitute the entire agreement between you and 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.
  7. 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.
  8. Relationship: Nothing in these 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.
  9. 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, pandemic, epidemic, 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.
  10. Severance: If any part of these Terms is deemed unlawful, void or for any reason unenforceable then that provision is deemed to be severed from these Terms and does not affect the validity and enforceability of any of the remaining provisions of these Terms.
  11. Survival: clauses 5, 6, 9, 11, 12, 15, 16, 17, 20, 21, 22, 23, 24 and 25 survive termination of these Terms.
  12. 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.

25. Definitions

In these Terms: