Terms and Conditions

  The utilisation of the website, our mobile applications, and other channels through which we provide our services collectively referred to as our Platform, is subject to these terms of service (Terms) and all relevant laws. By accessing or using the Platform, or engaging with our Services in any way, you acknowledge and agree to abide by these Terms along with our privacy policy (Privacy Policy), as amended from time to time.

1. Introduction to YouCare Health Services:

YourCare Health and Cosmetic Services Pty Ltd (referred to as YouCare Health and Cosmetic services, we, us, or our) operate an online platform aimed at facilitating the treatment of individuals (Patients) and the delivery of telehealth, healthcare, and related services by registered healthcare practitioners in Australia, such as doctors, nurses practitioners, pharmacist and allied health practitioners (Healthcare Practitioners), via Telehealth/ videoconference (collectively known as Telehealth Services). Healthcare Practitioners provide these Telehealth Services through our Platform by conducting online/and or phone consultations (Consultations) with Patients. These consultations involve virtually assessing the Patient's medical history and condition via videoconference and other technologies, without the need for physical examination or in-person meetings.

 2. Not Providing Medical or Healthcare Advice:

You acknowledge and understand that we are not a medical or healthcare provider, and we do not assume liability for any medical or healthcare services, including Telehealth Services, arranged through our Platform, except where expressly specified in these Terms. Any queries or concerns regarding medical or healthcare should be directed to a Healthcare Practitioner. We do not guarantee the safety, suitability, or effectiveness of any medication or treatment, including those provided during Consultations.

Information presented on the Platform, excluding information provided during Consultations by Healthcare Practitioners, should not be construed as medical or healthcare advice. Patients should seek specific advice from a doctor or qualified healthcare professional and should not rely solely on information available on the Platform.

3. Non-Emergency Service: 

Our services are not suitable for serious medical conditions, emergencies, or situations requiring immediate treatment (Emergencies). In case of serious medical conditions or urgent medical assistance, Patients should contact emergency services by dialling 000 or visit the nearest hospital emergency department.

DO NOT USE THE PLATFORM IF:

• you have or think you may have an emergency or critical condition or symptom, including, but in no way limited to:

• severe chest pain;
• heart attack;
• stroke;
• loss of consciousness;
• severe bleeding; or
• breathing difficulty.

If you are in doubt about the seriousness of your condition, the appropriateness or effectiveness of using this Platform or believe that you, or anyone is in an urgent, dangerous or emergency situation, you should not use the Platform and instead contact 000 immediately or seek alternative and appropriate medical services.

Prescriptions: Please note that the Health Practitioners providing the Services will only be prescribing medications that they reasonably believe to be necessary to treat your health conditions.

In no event, will they be prescribing:

• medications or drugs listed in Schedule 8 of the SUSMP No 35 (Poisons Schedule February 2022);

 4. Not a Replacement for Ongoing Medical Care: 

Our services, including Telehealth Services, are not intended to replace the regular care provided by a primary care physician or other healthcare professional responsible for managing ongoing healthcare needs. Patients are encouraged to continue scheduling follow-up visits with their primary physician to ensure comprehensive management of their healthcare requirements.

5. Accuracy of Patient Information and Medical History: 

The effectiveness of Telehealth Services relies on accurate and complete responses to all inquiries made to assess the suitability of treatments and medications for Patients. As a Patient or guardian, you agree to provide truthful and comprehensive answers to all questions, as well as report any new symptoms or changes in condition since the last Consultation.

6. Limitation of Liability and Indemnification: 

You understand and agree that we are not responsible for medical care or advice provided by Healthcare Practitioners. To the maximum extent permitted by law, we shall not be liable for any damages arising from your use of the Platform. You agree to indemnify us against any claims, losses, or liabilities arising from or related to the Consultations or any services provided by Healthcare Practitioners, including medication prescriptions or the quality of care provided.

The Platform, its content, and services are provided "as is," and we do not warrant that they will meet your requirements. These Terms do not exclude or limit the operation of the Australian Consumer Law or other laws implying terms or warranties into contracts for goods or services. However, to the fullest extent permitted by law, all implied rights, guarantees, and warranties are excluded.

7. Utilization Guidelines for the Platform: 

Our Platform provides a convenient avenue for Patients with straightforward, non-emergency medical needs to access telehealth services. By using the Platform, you affirm that: you are at least 18 years old and either the Patient or their authorized guardian, parent, or health attorney. Upon request, you agree to provide proof of identity using a driver’s license or other legal document. 

Additionally, you confirm that the Patient is not experiencing dangerous or unusual symptoms, the Consultation need is unrelated to an accident or injury, the Patient does not suffer from multiple or severe chronic conditions, nor currently takes multiple prescribed medications, and does not require prescription of any ‘schedule 8’ (narcotic) medicines or potentially addictive medications. You commit to completing the ‘Patient General Medical Questions’ comprehensively and truthfully, without omitting any relevant information. We do not warrant or guarantee the quality of medical advice provided during Consultations, nor the additional qualifications or specialist knowledge of Healthcare Practitioners. We are not responsible for the manner in which Consultations are conducted or the quality of medical advice provided. 

In case of hearing impairment, you agree to have a hearing assistance device during the Consultation. You are personally responsible for Consultation costs as per these Terms. If further treatment or examination is recommended by a Healthcare Practitioner during a Consultation, you agree to seek it promptly, and neither we nor the Healthcare Practitioner are liable for follow-up care. 

Any prescribed medication or treatment is solely for the Patient’s personal use, and you agree not to allow others to use medication prescribed for the Patient. 

You undertake not to share your Platform credentials and to ensure the security of your account. We reserve the right to cancel your Platform registration at our discretion without prior notice. In the event of noticeable side-effects from prescribed medication or treatment, you agree to notify us promptly for the Healthcare Practitioner to fulfill their after-care duty. Your use of the Platform must be in good faith, for its intended purpose, and in compliance with Australian law. You commit to handling others' personal information in accordance with relevant privacy legislation and agree not to upload or publish any material containing harmful programs.

 8. Payment Procedures and Refunds: 

The Platform showcases various payment options. By using the Platform, you agree to adhere to the fees and charges outlined in these Terms, applicable at the time of payment. All fees related to consultations must be settled at the time of booking to confirm the appointment, utilising the provided credit card. You consent to immediate payment processing upon booking. Your charges will never exceed the agreed amount. Refunds for Consultation fees are applicable if the Healthcare Practitioner cancels the appointment or due to technological failure hindering an effective Consultation, as determined and logged by the Healthcare Practitioner. 

Typically, Consultation fees are non-refundable if you, as a Patient, cancel within 10 minutes of the scheduled start time or fail to attend. 

Should you utilise our service to acquire a prescription, you are required to remit payment for the Consultation to Yourcare Health and Cosmetic Services and for prescription dispensation and delivery to one of our partner pharmacies. Both payments are collected upon service usage and transferred to the partner pharmacy. Prescription medicines are dispensed either electronically via SMS or directly to a Quality Care accredited Australian pharmacy by the Healthcare Practitioner. Patients have the option to choose their local pharmacist for prescription dispensation. If no preference is expressed, a partnered pharmacy may dispense medication following established guidelines. All prescription medicines distributed through our (enter script provider here)service are handled by partner pharmacies, not by Yourcare Health Services. We act as a liaison, managing payment collection for medication and delivery on behalf of our partner pharmacies.

 9. Consultations and Practitioner Availability: 

We cannot assure the availability of a Healthcare Practitioner for a Consultation at the designated time. However, in the event of unavailability, we will strive to find a replacement. You will be promptly notified if your Consultation is cancelled. We acknowledge a Patient's right to specify preferences for their Healthcare Practitioner, such as gender or language proficiency, and will accommodate these preferences to the best of our ability, subject to availability. Each Consultation lasts up to (???? Minutes – to be confirmed). Neither we nor anyone else guarantees that a diagnosis and treatment plan can be finalised within this timeframe. Patients have the liberty to terminate the Consultation at any point, but will be charged for the full consultation fee. 

Healthcare Practitioners hold the discretion to interrupt, reschedule, or terminate a Consultation, or decline treatment for reasons they deem reasonable. Complex medical issues may not be suitable for Consultations within this timeframe, as they may require more time. Typically, Consultations cannot be extended beyond the(initial ?????), but arrangements can be made with the Health practitioner for further appointments if necessary.

10. Distribution of Prescription Medications: 

Following a Consultation, all prescriptions are transmitted by the Healthcare Practitioner either as an electronic script (e-script) via SMS to you or directly to a Quality Care accredited Australian pharmacy. Patients are provided with the option to select their preferred local pharmacist for dispensing the prescription. In the absence of a specific preference from the Patient, a pharmacy affiliated with us may dispense the medication according to the standards set by Quality Care pharmacy providers. A small cost may be incurred for delivery, prices are subject to change.

11. Utilization of Communication Tools: 

The manner in which a Consultation is conducted, including any subsequent follow-up regarding a questionnaire received for a prescription, is determined by the Healthcare Practitioner and may involve WebRTC video, telephone, or a combination of these methods. However, email, instant messaging, and fax are not permitted for Consultations. Nonetheless, you will be required to provide an email address in case the Healthcare Practitioner needs to send documents to you or the Patient following the Consultation.

It's important to note that any communication between a Healthcare Practitioner and a Patient outside of the scheduled Consultation time must have prior written approval from the Healthcare Practitioner.

12. Feedback: 

Periodically, we may invite you to share your feedback on the Services provided via the Platform. By participating, you recognise that any content you submit on the Platform could be utilised in any way we see fit at our discretion. You agree not to make any negative comments or publish statements that could significantly damage our reputation or goodwill, whether on social media, web forums, or other online platforms.

13. Ownership of Intellectual Property: 

The Platform, along with all its contents, features, and functionalities (including, but not limited to, all information, compilation, organisation, and presentation of content, as well as all software, images, logos, videos, and audio), are exclusively owned by us and are protected by intellectual property laws. Any intellectual property rights derived from feedback you provide regarding the Platform belong to us and will remain our property. These Terms allow you to use the Platform solely for personal, non-commercial purposes. You are prohibited from accessing or using any part of the Platform or its services and materials for commercial purposes.

14. Privacy Policy: 

We are obligated to adhere to the requirements outlined in the Privacy Act 1988 (Cth). We highly value your privacy rights and have taken significant measures to safeguard your personal information. We have crafted a Privacy Policy to provide you with insights into our privacy practices, accessible for your review here. Your personal information will be used strictly in accordance with the provisions outlined in our Privacy Policy.

15. Amendments: 

We reserve the right to modify these Terms at any time without prior notice, and you consent to these changes taking effect the next time you access the Platform. By continuing to use the Platform, you acknowledge acceptance of the updated Terms. The most recent version of these Terms will be accessible at www.yourcarehc.com.au

16.  Governing Law: 

These Terms are governed by the laws of New South Wales, and both parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales and any appellate courts with jurisdiction over them.

  17. Accessibility Standards: The platform complies with accessibility standards to accommodate users with disabilities, in accordance with relevant laws and regulations.