Terms of Service – Patient
Last updated: 05 February 2019
These are our Terms of Service. They form a contract between you and us, so please read them carefully before using our website. Because we actually want you to read these Terms, we’ve included some explanations in green (like this one). While we hope they will help you to identify some key points, they don’t technically form part of the Terms – so please don’t rely on them instead of reading the Terms in full. Feel free to contact us if you have any questions or feedback about these Terms.
1.1 Living Well with Dr. Wilson ABN 55 148 786 655 (We, Our or Us) provides the online platform that enables Patient Users to contact Living Well with Dr. Wilson practice.
1.2 In these Terms, a reference to You or Your is a reference to a Patient User of the Platform. Other capitalised words are defined at the end of these Terms.
1.4 We may amend these Terms at any time by publishing the amended version on Our website. Any such amended version will apply to Your use of the Platform from the date of its publication.
We’re always striving to improve the platform. Because we want these Terms to stay relevant, we might need to update or change them every now and then. We’ll publish any updated versions on our website.
2. Your access to the platform
2.1 We grant You access to the Platform on the basis that You:
(a) will comply with these Terms at all times; and
(b) will comply with any reasonable request by Us in relation to Your use and access of the Platform.
2.2 By accepting these Terms, we grant You a limited, non-exclusive and revocable licence to access and use the Platform. We may issue this licence to You on any further terms or limitations as determined by Us.
3. Acceptable use and your obligations
3.1 In accessing or using the Platform, You must ensure that You do not:
(a) breach any laws, or encourage or assist the commission of any illegal act;
(b) infringe any person’s rights, including intellectual property and proprietary rights, rights of confidentiality or contractual rights;
(c) include any material that contains any virus or harmful code, or program that is designed to impair the performance of the Platform or any device accessing the Platform;
(d) impersonate any other person;
(e) negatively impact any other Patient User’s ability to access and use the Platform;
(f) publish or link to malicious content;
(g) vexatiously or frivolously use the Platform; or
(h) engage in conduct that is unlawful, defamatory, obscene, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person, or which is reasonably likely to damage Our reputation or Our services.
We want to protect our platform and our users.
4. Availability of the platform
4.1 While we take all reasonable steps to limit any interruptions to Your access to the Platform, You acknowledge and agree that:
(a) Your access to the Platform may be prevented by issues outside of Our control;
(b) We do not promise continuous or error-free access to the Platform;
(c) the functionality of the Platform may change or be improved from time to time; and
(d) You are able to prepare for, or manage, unscheduled unavailability of the Platform by:
(e) contacting Your Practitioner directly.
5.1 We take the security of the Platform and the privacy of Patient Users very seriously. You agree that:
(a) You will not do anything to prejudice the security or privacy of Our systems or of the information on Our systems;
5.2 We will do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards, however You accept that the internet is not a fully secure environment and We cannot accept responsibility for misuse or loss of, or unauthorised access to or disclosure of, information where the security of the information is not within our control. If You provide Us with information via the internet, You do so accepting this risk.
Like most ways of sending messages, the internet is not without risk. It’s important for you to be aware of this, and to understand that some risks (like hacking) can be outside of our control.
6.1 By using the Platform, You acknowledge and agree that:
6.2 If, at any time, You provide or upload Personal Information or other information about someone other than Yourself to the Platform, You warrant that You have that person’s consent to You providing such information (including their Personal Information) to Us for the purpose specified.
6.3 If You suspect any misuse or loss of, or unauthorised access to or disclosure of, Personal Information in connection with the Platform, You must let us know immediately.
7. Liability and indemnity
7.1 To the extent permitted by law, You acknowledge and agree that:
(a) Your use of the Platform is at Your own risk;
(b) You are solely responsible for Your use of the Platform and for the accuracy and suitability of any information or data that You upload to the Platform;
(c) the Platform is not designed for, and must not be relied upon in relation to, any critical, emergency or acute care medical circumstances.
(e) any illness, injury, or death resulting from use of the Platform; or
(f) any other any direct or indirect, incidental or consequential damages, loss or corruption of data, or any other similar or analogous loss resulting from Your access to, use of, or inability to use the Platform or any content, whether based on warranty, contract, tort, negligence, in equity or any other course of action, and whether or not We knew or should have known of the possibility of such loss.
7.2 You agree to indemnify Us for any loss, damage or claim (including the loss or corruption of data, goodwill, bargain, opportunity or of anticipated savings) that We may suffer or incur as a result of any breach by You of these Terms.
7.3 Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories, and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, We together with Our related entities exclude all conditions and warranties that may be implied by law.
8.2 No clause of these Terms will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
8.3 Any clause which is invalid or unenforceable is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of these Terms.
8.4 You may not assign or otherwise create an interest in Your agreement with Us without Our prior written consent. We may assign or otherwise create an interest in Our agreement with You under these Terms by written notice to You.
9.1 The following terms are used regularly throughout these Terms and have a particular meaning:
(a) Patient User means a person who accesses or uses the Platform as a patient or consumer of health services, such as to request a Booking or supply information to a Medical Practice.
(b) Personal Information has the meaning given to that term by the Privacy Act.
(c) Practitioner means a medical practitioner, health professional or other individual with whom appointments may be made and managed via the Platform.
(d) Privacy Act means the Privacy Act 1988 (Cth).
(e) Terms means these Terms of Service.
9.2 The following rules apply unless the context requires otherwise:
(a) headings and explanations are for convenience only and do not affect interpretation;
(b) the singular includes the plural and the opposite also applies;
(c) if a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning;
(d) a reference to a clause or item refers to clauses and items in these Terms including the Schedules;
(e) a reference to legislation is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it;
(f) mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included;
(g) a reference to a party to these Terms or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives); and
(h) a reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
Last updated: 05
1. Purpose of our policy
1.1 Living Well with Dr. Wilson ABN 55 148 786 655 provides the associated technologies (‘Platform’).
(a) the general practitioners and employees of medical clinics who are customers, or potential customers, of our services (‘Clinic Representatives’);
(b) the patients of the medical clinics who use our Platform, and any other individuals who use our Platform or website to connect with a general practitioner (‘Patients’); and
(c) our contractors and suppliers, potential employees, and any other individuals we might deal with in the course of running our business or providing our services.
1.4 We are committed to protecting your privacy, and ensuring that the ways in which we deal with your personal information comply with the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) (‘Privacy Act’) and any other applicable health records legislation.
2. The types of personal information we collect
2.1 We may collect and hold your Personal Information for a range of reasons, such as to respond to your enquiry or keep the information you provided as required by law..
2.2 If you are a Patient:
(a) most Personal Information we collect about you will be received from you directly (or your primary carer); and
(b) the types of Personal Information we may collect, depending on the circumstances and the details that you have entered in the message, include:
(c) general information such as your name, location, date of birth, Medicare details, family details including marital status, contact information (including your email address, telephone and fax number, residential, business and postal addresses);
(d) health information such as information which might relate to your health, the health services which have been or are to be provided to you, or other information which falls within the scope of ‘health information’ as that term is defined in the Privacy Act;
(e) other ‘sensitive information’ as that term is defined in the Privacy Act (excluding health information, which is addressed above), such as information which might relate to, among other things, your racial or ethnic origin, sexual orientation or practices, criminal record or religious or philosophical beliefs. We will only collect this type of information if you provide it to us directly;
(f) details of any communications or interactions you have with a medical clinic using the Platform – for example, details of an appointment you have made, confirmed or cancelled or an exchange of information;
(g) if you use or access our website or Platform, aggregated statistical information such as information about your online preferences and movements, location information, and other information which is typically obtained from cookies (although you can adjust your browser’s settings to accept or reject cookies). This statistical information will be collected on an anonymised basis only; and
(h) any other Personal Information you send or disclose to us, including our records of any communications or interactions we have with you.
2.3 In addition to the above, if you use or access our website or Platform, we may collect statistical information using cookies or analytical services (although you can adjust your browser’s setting to accept or reject cookies).
3. How personal information is used and disclosed
3.1 The primary purposes for which we collect Personal Information are to enable a Patient User to message an enquiry.
3.2 If you are a Patient:
(a) we will never sell or exploit your Personal Information, or share it for any purposes which are unrelated to providing and operating our Platform;
(b) we will use your Personal Information (including your health and other sensitive information) for the primary purpose for which we collected it (for example, to contact you to confirm an appointment booking, or to provide details of that booking to your medical practitioner);
(c) we will only use your Personal Information for secondary purposes if you have provided your consent for us to do so;
(d) we maintain all Personal Information (especially health information) in strict confidence, and will only disclose it to third parties where:
(e) we are otherwise authorised or required to do so under relevant laws, such as if the disclosure is reasonably necessary due to law enforcement activities, or to lessen a serious threat to the life, health or safety of any individual.
(f) if we do share or disclose your Personal Information as described above, we will always first consider whether we can reasonably de-identify or anonymise that information.
4. Keeping your personal information secure
4.1 We will take all reasonable precautions to protect your Personal Information from unauthorised access or disclosure, or misuse or loss. This includes appropriately securing our physical facilities and electronic networks.
5. How to access, correct or update your personal information
5.1 Under the Australian Privacy Principles, you have the right to request access to, or correction of, the Personal Information that we hold about you.
5.2 If you would like to make a request to access, or correct, your Personal Information which is held by us, you can:
5.3 We will take reasonable steps to correct any errors in the Personal Information we hold about you within 7 days of receiving written notice from you about those errors, or to provide you with access to the Personal Information we hold within 28 days of a written request.
5.4 We may charge you a reasonable fee for our costs incurred in meeting any of your requests to access or correct the Personal Information we hold about you.
5.5 If we deny you access to, or we refuse your request to correct, your Personal Information, we will provide you with our reasons for this.
6. Complaints and disputes
6.1 If you have a query or complaint about our handling of your Personal Information, please contact us in writing using the details provided in section 7 below. We will aim to resolve the issue with you directly.
6.2 If you are not satisfied with our response to your complaint, you can also lodge a complaint with the Office of the Australian Information Commissioner:
(a) by phone: 1300 363 992; or
(b) online at: www.oaic.gov.au.
7. Contacting us
(a) by email: firstname.lastname@example.org; or
(b) by post:
The Privacy Officer
Living Well with Dr. Wilson
17 Vaughn Terrace
Berri, SA 5343
7.2 You may contact the Privacy Officer by email in the first instance.
8. Addition to this policy