Legal

Terms of Service

Wellvue® is a telehealth consultation service. Wellvue allows patients (Patients) and psychiatrists, psychologists and medical practitioners (Practitioners) to connect through a telehealth service via a third party telehealth platform (Platform). The Wellvue Service is available at www.wellvue.com.au.

All patients agree not to use this service in certain circumstances and you should counsel patients not to use the service in the following situations:

Medical emergencies: If the Patient requires immediate medical attention, they should contact their treating general practitioner or call 000.

A Patient should not receive services from a Practitioner if the Patient has an emergency or critical condition or symptom, including, but in no way limited to:

o an acute or crisis episode or acute care requirement

o severe chest pain

o heart attack

o stroke

o loss of consciousness

o severe bleeding

o breathing difficulty.

Wellvue does not have hospital admission rights.

Wellvue and its employees, consultants, suppliers, subcontractors or agents (Personnel), are not doctors. You agree that any information, insights or guidance that we publish on Wellvue’s website (Site), whether or not it is published by Wellvue, is not an attempt by Wellvue to practice medicine or provide medical advice. Use of Wellvue’s services does not establish a doctor-patient relationship with Wellvue. Wellvue facilitates a user’s use of the Platform only.

These terms and conditions (Terms) are entered into between Wellvue (we, us or our) and you, a medical practitioner, together the Parties and each a Party. These Terms supplement and incorporate our privacy policy posted on the Site or shared directly with you.

Wellvue provides a service whereby patients can access your services and Practitioners can deliver those services in confidential consultations and assessments online to their Patients (Patient Services). We provide the services to users, to assist Patients and Practitioners to form relationships for the supply of our services as well as processing payments between Patients and Practitioners (together the Wellvue Services).

In these Terms, you means (as applicable) the person registered with us as a Practitioner for the purposes of accessing or using the Wellvue Services via the Platform to deliver your services to Patients.

Acceptance

You accept these Terms by checking the box, clicking “I accept” as you register on to access our Wellvue Services or using the Wellvue Services.

 

 

We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Wellvue Services after the notice or 30 days after notification (whichever date is earlier), you agree to the amended terms. If you do not agree to the amendment, you may terminate these Terms by emailing us at info@wellvue.com.au and we will cease providing the Wellvue Services to you. To delete your account with any third party Platform provider (such as Halaxy) you will need to contact that third party Platform provider.

Platform summary and important terms

No Wellvue Services are recorded (either audio, video or both) by the Patient and Patients are not permitted to record the Wellvue Services.  You may use your professional and clinical judgement to determine whether you will record part or all of a session with a Patient, on the basis and conditional upon such Patient’s consent.

You understand and agree that we only make available the Platform and the Wellvue Services. We are not party to any agreement entered into between a Patient and Practitioner and we have no control over your conduct, Patients or any other users of the Wellvue Services or Platform.

A Patient wanting to acquire Wellvue Services must create an account on the third party Platform (Account).

Any information provided to Wellvue will be treated in accordance with Wellvue’s Privacy Policy.

A Patient may request Wellvue Services by sending a request through the Platform to consult with a particular Practitioner. A Patient may also choose to receive Wellvue Services from the first available Practitioner (Medical Services Request). The Practitioner may accept the Patient’s Medical Services Request and provide the services requested by that Patient to that Patient. A Patient may be required to obtain and upload a referral from a General Practitioner or equivalent to obtain Wellvue Services via the Platform before being allocated a consultation or attending a consultation via the Platform.

By accepting a Medical Services Request, you confirm that you are capable of receiving the medical services described in the Medical Services Request.

Once a Practitioner is connected with a Patient, you may conduct a consultation with that Patient via the Platform. A Practitioner may also contact the Patient using the contact details supplied by that Patient on the Platform to arrange for the Patient Services to be provided if they cannot be provided on the Platform.

Practitioners understand and agree that the Platform is an online telehealth platform only which we use to facilitate the Wellvue Services only, and that Wellvue is not responsible for facilitating the user functionality and availability of the Platform. Wellvue is not an employment agency or labour hire business and Practitioners are not Wellvue’s employees, contractors, partners or agents. Wellvue and its Personnel are not doctors, nor does Wellvue provide medical advice.

Wellvue is not a party to any agreement entered into between a Practitioner and a Patient. Wellvue has no control over the conduct of the third party Platform, Practitioners or the service that they provide, Patients and any other users of the Platform or Wellvue Services.

Wellvue accepts no liability for the performance of the services offered by you, a Patient’s ability to describe the services required or the description of the services offered. Wellvue does not assist or involve itself in any way in any dispute between a Practitioner and a Patient. Patients are advised that disputes should be referred to the Australian Health Practitioner Regulation Agency.

Account

You must register on the Platform and create an account (Account) to access the Platform’s features.  You can read more about the Platform here:  https://support.halaxy.com/hc/enau/articles/1500000076901–Halaxy–for–Patients

You may only have one Account as a Patient on the Platform for the purposes of receiving Wellvue Services.

You must provide basic information when registering for an Account on the Platform. After you have successfully registered yourself on the Platform, Wellvue will send you, via the Platform, a new patient registration form to complete via the Platform (New Patient Form).  Whilst completing the New Patient Form is not mandatory (other than providing information which is mandatory as specified in the New Patient Form), incomplete information may result in your Practitioner not being able to deliver the Wellvue Services to you.

Once you have registered an Account, your Account information will be used to create a profile which you may then curate.

You agree to provide accurate, current and complete information during the registration process on the Platform and regularly update such information to keep it accurate, current and complete.  Your Account is personal and you must not transfer it to others, except with our written permission.

You are responsible for keeping your Account details and password confidential and you will be liable for all activity on your Account. You agree to notify us at the earliest reasonable time of any unauthorised use of your Account.

The Platform may refuse to provide you with an Account, and you should contact the Platform if you are refused an Account.

We may make access to and use of certain parts of the Platform in relation to your Account subject to conditions or requirements of the Platform.

Communication

We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as text message or email.

Practitioners must communicate privately with Patients using our private consultation platform. Practitioners must not use the contact details of Patients to organise the provision of the medical services off the Platform during the term of this agreement unless there are extenuating medical circumstances.

You must ensure that any advertising or other representations you make about yourself and your qualifications and scope of practice always conform with Good Medical Practice: A Code of Conduct for Doctors in Australia and AHPRA: Guidelines for advertising a regulated health service.

Payment

The Patient agrees to pay the relevant fees set out in the patient fee list when they book a Service with the Practitioner (Medical Services Fees). Medical Services Fees are paid by the Patient before they are able to receive the Service.  The Medical Service Fees are paid directly into the Practitioner’s nominated bank account.

We will provide the Practitioner with a tax invoice from time to time (Tax Invoice), setting out the Services delivered and the fee payable to Us for the use of the Wellvue Services and Platform (Service Fee). The Practitioner’s Engagement Terms for Clinicians document provides further relevant information on the Tax Invoice and the Service Fee.

In the absence of fraud or mistake, all Tax Invoices are final. A Tax Invoice must be paid within the time period specified on the Tax Invoice failing which a Tax Invoice is payable within 7 days of us delivering the Tax Invoice to you.

If any payment has not been made in accordance with this clause, we may (at our absolute discretion): (1) immediately cease providing the Wellvue Services, and recover, as a debt due and immediately payable from you, our additional costs of doing so; and/or (2) charge interest at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 2% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the due date for payment in accordance with this clause.

Medicare claims

If a Practitioner provides Patient Services to a Patient through the Platform and determines that the

Patient is entitled to claim a Medicare benefit in respect of those services, then (provided that the Patient has provided their relevant Medicare card details) the Patient agrees to irrevocably assign those Medicare benefits to the Practitioner and consent to the Practitioner claiming those Medicare benefits directly from Medicare on the Patient’s behalf.

Neither the Practitioner nor Wellvue are responsible for confirming a Patient’s eligibility for a Medicare rebate.  The Patient agrees to confirming their own eligibility for a Medicare rebate.

You should satisfy yourself of whether the Services you provide are covered by private health insurance.

Refunds and Cancellation Policy

The cancellation or refund of Patient Services ordered on the Platform are set out on the Site.  You are not permitted to offer a different refund or cancellation policy whilst using the Wellvue Services for Patients

Practitioner Obligations

You agree to provide the Patient Services to the Patient as an independent contractor with due care and skill with a high degree of quality and responsiveness and to a high standard and in accordance with medical industry standards.

During the Term and whenever reasonably requested by Wellvue, the Practitioner must:

  • be registered and provide evidence of registration, with the relevant registration Board under the Health Registration Act/AHPRA at all times;
  • comply with the Medical Code of Conduct and all laws and ethical requirements regarding the conduct of the Patient Services;
  • maintain high-quality, appropriate, up to date and accurate electronic medical records, in respect of a Patient who obtain Patient Services from the Practitioner with appropriate information to enable other persons to use the records with a full understanding of the patient’s medical history and treatment and in compliance with relevant regulations;
  • ensure you comply with the relevant registration Board under the Health Registration Act protocol on insurance including professional indemnity insurance and take out such insurances as required by the law generally, and produce evidence of compliance with this clause on request by Wellvue;
  • comply with Medicare item numbers for Medicare rebates;
  • act in a harmonious way with other practitioners and Wellvue;
  • promptly notify us of any Patient complaint against the Practitioner in relation to the Practitioner’s services to Patients;
  • promptly notify us in writing of any changes to your registration or if any condition or other restriction is imposed on your registration or your ability to practise psychiatry.

The Practitioner must comply with:

  • all CPD requirements of the law and/or any professional organisation that they belong to;
  • all laws as they relate to or apply to their registration with the relevant board/AHPRA;
  • only provide Services within their scope of practice;
  • all lawful and reasonable directions of Wellvue;
  • all anti-discrimination, sexual harassment and work health and safety laws.

During the term of this Agreement, the Practitioner must not accept any benefit from a third party as an inducement or reward for an act in connection with us that would be considered unlawful or in breach of any professional code or guideline applying to psychiatrists in Australia.

During the Term, the Practitioner warrants that:

  • the Practitioner is skilled, trained, qualified, able and competent to provide the Patient Services;
  • any representations in relation to the qualifications, skills, experience, industry knowledge, business influence, client contacts and employment history made by the Practitioner, or by any person on behalf of the Practitioner, to Wellvue, whether before, on or after the date of this Agreement, are true and correct;
  • it holds and will continue to hold during the Term (at its own cost) the licenses and registrations required by AHPRA and the law generally; and
  • it will notify Wellvue promptly if it ceases to comply with any requirements in these Terms or if any of its licenses and registrations are cancelled, suspended, varied, altered or amended

in anyway, is or becomes subject to any conditions or if the Practitioner becomes disqualified from applying or for the renewal of such.

Records

A Patient’s medical records remain the property of the Practitioner that provided the Wellvue Services (Records).  A Patient may request access to his or her Records for the purposes of transferring them to another practitioner in accordance with process set out on the Website.  Wellvue may require a Patient to pay an administration fee to cover the genuine expense associated with this request.

Reviews

Patients may review their experience with the Practitioner, including the Wellvue Services on other third party websites (such as Trust Pilot or Google Reviews) (Review).

A Patient agrees to provide true, fair and accurate information in his or her Review. The Practitioner may alert us to a Review and if we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate after consultation with the Practitioner, we may request that the third party controlling the Review, delete the Review. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.

We encourage Patients to be specific and factual in their Reviews. If a Patient has been offered an incentive by a Practitioner to write a Review, you must require the Patient to include information about this in the Review. Incentives include the Practitioner offering a Patient a gift, reward, discount or advantage for writing a Review about the Practitioner on the Platform.

Non-solicit

During the term of this agreement or whilst you are accessing or using the Wellvue Service or Platform, you agree that:

  1. you shall not entice, solicit or otherwise divert any Patient to any other psychiatry practice (irrespective of how that practice delivers its services);

 

  1. you shall only communicate and offer your services to Patients via the Platform.

Warranties

You represent, warrant and agree at the time these Terms become binding and during the term of this agreement or whilst you are accessing or using the Wellvue Service or Platform that:

  1. you will not use the Wellvue Services in any way that competes with our business;
  2. there are no legal restrictions preventing you from entering into these Terms;
  3. all information and documentation that you provide to us in connection with these Terms is true, correct and complete;
  4. you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes) unless expressly stipulated in these Terms;
  5. you will be responsible for the use of any part of the Platform, and you must ensure that no person uses any part of the Platform: (1) to break any law or infringe any person’s rights (including Intellectual Property Rights) (2) to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; or (3) in any way that damages, interferes with or interrupts the supply of the Platform.

Australian Consumer Law

Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Statutory Rights).

If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.

Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.

As a Practitioner, the goods and services provided by you to a Patient may also confer on the Patient certain rights under the ACL.

This clause will survive the termination or expiry of these Terms.

Exclusions to liability

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from :

  1. your or your personnel’s acts or omissions;
  2. any use or application of the Wellvue Services by a person or entity other than you, or other than as reasonably contemplated by these Terms;
  3. any aspect of the Patient and Practitioner interaction including the medical services offered by the Practitioner, the description of the medical services requested or offered, any advice or consultation provided, the performance of medical services or supply and delivery of goods by the Practitioner;
  4. any works, services, goods, materials or items which do not form part of the Wellvue Services (as expressed in these Terms), or which have not been provided by us;
  5. any third parties or any goods and services provided by third parties, including customers, end users, suppliers, transportation or logistics providers or other subcontractors which the provision of the Wellvue Services may be contingent on, or impacted by;
  6. the Wellvue Services being unavailable, or any delay in us providing the Wellvue Services to you, where such unavailability or delay is caused by an event outside the reasonable control of Wellvue; and/or
  7. any event outside of our reasonable control.

This clause will survive the termination or expiry of these Terms.

Limitations on liability

Despite anything to the contrary, to the maximum extent permitted by law:

  1. neither party shall be liable for Consequential Loss;
  2. the liability of the Wellvue for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the Practitioner;
  3. the liability of the Practitioner for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of Wellvue; and

our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the Wellvue Services to you or,   or you the amount of the Service Fees paid by you to us in respect of the supply of the Wellvue Services to which the Liability relates.

 

This clause will survive the termination or expiry of these Terms.

Termination

Your Account and these Terms may be terminated by you at any time, by emailing info@wellvue.com.au and asking us to delete your account.

We may terminate these Terms at any time by giving 30 days’ written notice to you (Termination for Convenience).

We may suspend your Account via the Platform or terminate these Terms immediately upon written notice to you, if:

  1. in the reasonable opinion of Wellvue, you will of yourself or during the provision of Services to Patients, bring or have the likely effect of bringing, Wellvue into disrepute;
  2. you have your registration with the relevant board/AHPRA revoked or conditions are put on your registration ;
  3. you (or any of your personnel) breach any provision of these Terms and that breach has not been remedied within 10 business days of being notified by us;
  4. there is any reason outside our control which has the effect of compromising our ability to provide the Wellvue Services; or
  5. you are unable to pay your debts as they fall due.

These Terms will terminate immediately upon written notice by you, if we:

  1. are in breach of a material term of these Terms, and that breach has not been remedied within 10 business days of being notified by you; or
  2. are unable to pay our debts as they fall due.

Upon expiry or termination of these Terms:

  1. we will immediately cease providing the Wellvue Services;
  2. you agree that any payments made by you to us are not refundable to you;
  3. you will cease providing medical services via the Platform;
  4. where we terminate the Terms because of an act or omission by you, you also agree to pay us our additional costs arising from, or in connection with, such termination; and
  5. we will pay all amounts due and owing to the Practitioner as at the date of termination or expiry of the Terms.

Termination of these Terms will not affect any rights or liabilities that a party has accrued under it.

This clause will survive the termination or expiry of these Terms.

General

Assignment: The rights under these Terms are personal in nature and not capable of assignment by you.

Disputes:  In relation to a dispute, controversy or claim arising from, or in connection with, these

Terms (including any question regarding its existence, validity or termination) (Dispute) between a

Patient and us, or a Practitioner and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Society of Australian Capital Territory to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

Email and text message: You agree that we are able to send electronic mail and text messages to you and receive electronic mail and text messages from you. You release us from any liability you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer. We release the Practitioner from any liability that we may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to our system or any files by a transfer.

Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.

Governing law: These Terms governed by the laws of New South Wales.  Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

Notices: Any notice given under these Terms must be in writing addressed to us at the address at the end of these Terms or to you at the address in your Account. Any notice from either party may be sent by standard post or email and will be deemed to have been served on the expiry of 4 business days in the case of post, or at the time of transmission in the case of transmission by email.

Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Definitions

Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Intellectual Property means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

For any questions or notices, please contact us at:

Wellvue

Email: info@wellvue.com.au

Last update: 20.08.2024