Service Terms and Conditions

These terms and conditions will apply to you as well as any child or person who may be under your care and responsibility (“you” or “your”) when you use the “My Emergency Dr” Service (“Service”). “We” and “us” refers to Connected Medical Solutions Ltd.

The Service

1. The Service is provided by specialist emergency doctors who will conduct the consultation with you via video-conference. In this regard, we are not able to conduct physical examinations, tests and checks in the same way as when you attend a doctor’s surgery or hospital emergency department. However, where deemed appropriate, we will advise if any necessary examinations, tests or checks should be conducted after the video-conference consultation.

2. The Service is not appropriate for patients who are suffering from unconsciousness, chest pain, difficulty breathing, uncontrollable bleeding or been involved in a major accident. If the patient is affected by any of the aforementioned conditions, you should call 000 without delay.

3. Some medications cannot be prescribed through our Service.

4. After the video-consultation, we will arrange for a copy of your consultation summary, and, if applicable, prescription and referral to be made available on a secure patient portal which you can access and download at your convenience. Such documents may also be emailed to you on specific request.

5. For quality assurance purposes, we may on occasion arrange for a second doctor to monitor the consultation being administered by the primary treating doctor. If this is likely to occur, we will notify you in advance and ask your permission for the supervising doctor to be present. You will not be charged any fee for the supervising doctor’s attendance.

Patient

6. We can only treat children when they are in the presence of a parent or guardian. For this purpose, a child means anyone less than 16 years of age.

7. The Service is accessible through our web application at 'www.myemergencydr.com.au'.

8. You agree to only use the web application for the permitted purpose and that you will not hack or break into any unauthorized area or attempt to bypass any security measure nor upload any virus or malicious code into our network.

Recordings and communications

9. During the video-conference, the consultation may be recorded for the purposes of maintaining accurate clinical records and to ensure quality governance and training standards within our business. These recordings will be stored securely in accordance with relevant privacy laws and healthcare regulations.

10. By proceeding with the telehealth consultation, you consent to the recording of the session and the use of software to transcribe the consultation, both as referenced above. If you do not wish for your consultation to be recorded or for the doctor to use transcribing software, please inform us before the session begins. It is also a condition of you using the Service that you must not record the video conference without the permission of the treating doctor.

11. During the video-conference, your treating doctor may also use software which will transcribe the consult and will be used to assist in the creation of clinical notes and letter writing.

12. On occasion, we may need to send you information. You agree that we may send information to you by email or by text. If you do not agree to communications by email or text, please contact our Practice Manager on the phone number provided on our website.

Payment

13. Unless you have been given a special Partner Code, you will be required to pay a fee for using the Service as displayed on our website. Such fee may change from time to time. Payment may be made via Visa or Mastercard.

14. If you have been given a Partner Code to use the Service which entitles you to a discount or without having to pay, such Partner Code may only be used for so long as you satisfy the criteria on which the Partner code was issued. If you no longer satisfy the criteria or if the Partner Code has expired, you agree to pay a fee for using the Service based on our normal rates. You agree that you will not disclose your Partner Code to any other third person without our prior written consent.

Termination

15. You have the right to stop using the Service at any time.

16. We have the right to refuse further treatment if you have breached any of the terms and conditions contained herein and such breach has not been remedied within 5 days of written request from us.

Warranties, exclusions and releases

17. Because the consultation is based on a video-conference, which will involve us being able to communicate with each other clearly and which may also require you to send us still images/photos, the Service will be dependent on having a stable, high speed internet connection to conduct the video-conference. You will also be required to be in an area with sufficient lighting. In the event that video quality is not sufficient for any reason, we may advise you to terminate the video conference whereupon we will call you back and suggest an alternative treatment plan.

18. We cannot be held responsible and we hereby exclude liability for any injury or condition which may be exacerbated by poor video or voice communications caused by insufficient network quality, lighting, bandwidth, network interruption, congestion or other technical, hardware or software failure. We also exclude liability for all indirect and consequential losses which may arise from your use of or inability to use the Service.

19. We do not warrant that the Service will be uninterrupted, faultless or error free. Use of our Service is dependent on mobile networks and/or the internet which may perform unpredictably at times and which may from time to time prevent access or use of the Service. We will try and give prior notice of any planned system maintenance.

20. You hereby release ConnectedMed and all its directors, officers, employees, contractors, doctors and nurses from any and all loss or liability which may arise from any suit, action, claim or demand relating to or arising from the circumstances set out in paragraphs 16 and 17 above.

21. Although we have taken reasonable steps to make our platform secure and stable, we are not able to make and hereby exclude any other representation, warranty or guarantee regarding the security and stability of our platform and Service.

Intellectual property rights

22. Unless otherwise indicated, ConnectedMed is the owner of all logos, business names and content (“IPR”) which appears on our website. You are not permitted to use, copy, distribute the IPR in any way other than as part of using the Service without our written consent.

General

23. These Terms & Conditions, together with the Privacy Policy represents the complete agreement between you and ConnectedMed concerning any treatment under the Service. We reserve the right to amend these Terms and Conditions from time to time. Any such changes will automatically take effect 7 days after we post the revised changes on our website.

24. If any sentence or paragraph above is found to be void, unenforceable or invalid, then it shall be severed, leaving the remainder of the paragraph and Terms and Conditions in full force and effect.

25. Any failure or delay to enforce any of our rights under these Terms and Conditions, does not constitute a waiver of our rights.

26. Any dispute arising from your use of the Service or in relation to the operation of these Terms and Conditions will be governed by the laws of NSW. All parties agree to submit to the exclusive jurisdiction of the courts of NSW and of courts entitled to hear appeals from those courts. Neither party can object to such choice of courts for any reason.