Terms & Condition

Terms & Conditions

User Terms & Conditions- Telimed

MEDICAL EMERGENCIES

In case of a medical emergency, please contact your regular doctor/healthcare professional or dial 000 for immediate assistance.

DO NOT USE THIS PLATFORM IF you are experiencing or suspect you have a critical medical condition or symptom, including but not limited to:

Severe chest pain
Heart attack
Stroke
Loss of consciousness
Severe bleeding
Difficulty breathing

If you are unsure about the severity of your condition, the suitability of using this Platform, or believe there is an urgent or dangerous situation, do not use the Platform. Instead, contact 000 immediately or seek alternative medical services.

WELCOME

Firstly, welcome and thank you for considering utlising Telimed for your health concerns. Our platform was built to support the needs of both practitioners and patients to help increase the access to superior healthcare. Below we describe the our terms and conditions, we know it’s a lot of content but its a must so that we can provide you all with proper informed consent.

OUR DISCLOSURES

Please take the time to carefully review this Agreement before accepting it. By accepting this Agreement, you agree that:

We may adjust the Platform Fee and Processing Fee after providing you with written notice. If you disagree, you have the option to terminate the Agreement.
We reserve the right to modify our fees with 30 days' written notice.
Acting as your limited payment collection agent, we will only pay you once we receive payment from the Patient.
We may deduct any amounts owed to us (including Medication Fees) from payments owed to you under this Agreement. This includes the Service Fee, Processing Fee, and Platform Fees.
Refunds issued to Patients may create a debt for you to repay to us.
You may be responsible for covering our costs arising from your or your Personnel's actions or omissions, breach of this Agreement or any Law, Data Incidents caused by you or your Personnel, or provision of documentation or information to us.
Except for your Consumer Law Rights, you have not relied on any representations or warranties made by us before entering this Agreement that are not included in this Agreement.
Except for your Consumer Law Rights, we do not accept Liability for payment fraud by a patient, your or your Personnel's actions or omissions, unauthorized use of Services by others, items not included in the Services, events beyond our reasonable control (including Force Majeure Events), or Consequential Loss.
Except for your Consumer Law Rights, our Liability for the supply of Services will be limited, at our discretion, to refunding the Service and Platform fees paid by you to us.
This Agreement will automatically renew unless you provide us with prior notice of termination (see Term in the Schedule).

This Agreement aims to ensure transparency and does not limit your rights and protections under the law, including your Consumer Law Rights.

1.OVERVIEW

1.1 K&L Ventures Pty Ltd ABN 87 671 372 339 (Telimed, We, Our or Us) provides the TELIMED online platform for booking and management of medical/holistic appointments, sessions and services and associated technologies (Platform). The Platform enables Patient Users (which includes Patients, and Authorised Persons that have authority to act on behalf of the Patient) to book telemedicine/telehealth appointments and use other related functionalities. It also allows practitioner members (the qualified health professional that is offering their services) the opportunity to create on online profile in which can be viewed by the public and allows patients members to book into an appointment with them. Our online platform consists of our website located at https://telimed.health (Platform), which is owned and operated by K&L Ventures Pty Ltd ABN 87 671 372 339 (Telimed, We, Our, or Us).

1.2 In these Terms, a reference to You, Your, User, Member is a reference to a Patient User (being the Patient and/or an Authorised Person, as applicable) AND/OR a Health Professional (the qualified health professional that is offering their services) of the Platform.

1.3 These Terms set out the basis on which We permit You to access the Platform. By accessing and using the Platform, You agree to be bound by these Terms as amended from time to time.

1.4 We’re always striving to improve the platform functionality to make it as streamline for patient and proactitioner members. Because of this We may amend these Terms at any time by publishing the amended version on Our website or by otherwise providing notice to You, such as by email or notification in the Platform. Any such amended version will apply to Your use of the Platform from the date of its publication or Our notice to You. If You do not accept any terms of the Agreement, you must cease using the Platform immediately. We reserve the right to amend the Terms at any time, and by continuing to use the Platform, you accept the Terms as they apply from time to time.

2.SCOPE OF THE TELIMED PLATFORM

2.1 Overview

(a) Our Platform connects individuals with Health Practitioners/Professional for the purposes of running telehealth consultations. The Health Practitioners are registered and/or qualified naturopaths, nutritionists, dietitians, counselors, psychologists, yoga instructors, personal trainers or health coaches. Practitioners/health professionals may have supportive qualifications that assist and expand their scope of practice.

(b) Through the Platform, Health Practitioners can provide a range of health services to individuals, if the Health Practitioner considers it appropriate, within their scope of practice and in line with their legal obligations.

2.2 Our Role

(a) We operate as the developer and provider of the Platform with the following roles:

(i) Facilitating your access to and usage of the Platform;
(ii) Gathering feedback regarding the Platform; and
(iii) Enhancing, improving and adjusting the Platform.

(b) By accessing and using the Platform, you acknowledge and agree that:

(i) We do not offer or provide any medical or health services, nor do we employ any Health Practitioners or Pharmacies for such services;
(ii) We are not responsible for, and have no control over, how other Users utilize the Platform;
(iii) We do not oversee any consultations or health services, nor do we guarantee the accuracy of information provided by Health Practitioners; and
(iv) We reserve the right, though we are not obligated, to monitor, verify, modify, or remove any material or information created, generated, or transmitted by Users through the Platform (referred to collectively as "User Content"), and we do not guarantee the accuracy of User Content.

3. REGISTRATION AND ACCESS TO THE TELIMED PLATFORM

3.1 Requests for health services via the Platform

(a) In order to utilize the Services, you must agree to these Terms and our Privacy Policy, establishing a contractual relationship between you and us.

(b) To access our Platform, you must:

(i) Have the legal right and capability to enter into a binding agreement;
(ii) Provide complete and accurate information in all required fields on the Platform's request page, including your full name, date of birth, contact details (such as email address and phone number), credit or debit card information, and medical history (Request Information).

(c) The information you submit through the Platform, including your Request Information, must be truthful, complete, and current. While we are not obligated to verify the identity of Patient Users, we may take reasonable steps, at our discretion, to ensure the accuracy of details.

(d) You acknowledge and agree that incomplete or inaccurate information provided to us may prevent Health Practitioners from providing their services to you effectively, if at all.

(e) We reserve the right, at our sole discretion, to decline processing of any User requests or deny access to a subscription or the Platform to anyone, at any time and for any reason, without prior notice.

3.2 Account

(a) You may be eligible to create an account with us (Account) to access the Services and manage any health services received from Health Practitioners.

(b) To create an Account, you must provide accurate and complete information on the My Profile registration page of the Platform (Registration Information). Your Registration Information must be kept current, accurate, and complete, and you should update it through your Account whenever necessary.

(c) During Account creation, you must choose a username and password. You are responsible for maintaining the confidentiality and security of your Account and password, as well as for all activities conducted through your Account. If you suspect unauthorized access to your Account, please contact us promptly and change your password immediately.

(d) We have put in place reasonable safety and security measures such as an OTP that will be sent to your provided email address that you must also provide in order to sign up and log in.

(e) We reserve the right to deny anyone access to an Account at any time and for any reason, without notice.

3.3 Use

(a) By accessing and using the Platform as a User, you represent and warrant that:

(i) you are at least 16 years of age;
(ii) you are currently living in Australia and/or have an Australian residential address;
(iii) you have the legal right, authority and capacity to agree to and abide by the Terms of the Agreement; and
(iv) any information that you provide to us or a Health Practitioner through the Platform will be accurate, complete and up-to-date.

(b) By accessing and using the Platform as a User, you agree and acknowledge that:

(i) we are not a party to, or a participant in, any contractual relationship between Users and/or Health Practitioners and/or Pharmacies/Dispensing Companies;
(ii) we do not guarantee the existence, availability, suitability, legality or safety of the Platform;
(iii) we do not provide a health service and any communication from Telimed or its employees does not constitute medical advice or a health service;
(iv) the Health Practitioners and informative content that we connect Users to are not employees or representatives of Telimed;
(v) consultations are between Health Practitioners and Users and we are not responsible for any information or services provided in the consultations, and do not warrant that the consultations are suitable for Users;
(vi) where you agree, the Health Practitioner may record your consultation for training and quality assurance purposes;
(vii) even though practitioners do go through a screening process to ensure they are legitimate practitioners, Telimed does not take responsibility and is not liable should any health professional provide deceitful, misleading and/or untruthful information in order for their profile/account be approved.
(viii) the Health Practitioners have full and absolute discretion in determining whether a consultation or other health service provided via the Platform is suitable for you;
(viii) we currently do not offer our services to general practitioners/medical doctors and do not claim that any of our practitioners our as such;

(c) By creating and account and booking a consultation via our platform, you agree that we may send you text (SMS) messages, push notifications and emails as part of the normal business operation of your use of the Platform. You may opt-out of receiving these communications from us by contacting us and you acknowledge that opting out of receiving these communications may impact your use of our Platform.

3.4 Prescriptions and Treatment Plans

(a) Neither we, nor the Health Practitioners using our Platform, guarantee that a prescription for medication, supplement, herbal medicine and/or functional lab test will be provided. Provision of any health services (including a telehealth consultation and/or provision of a prescription) remains at all times at the sole and complete discretion of the Health Practitioner.

(b) If the Health Practitioner considers it appropriate to provide a prescription and/treatment plan they will able to do so by send this to you via the chat centre. Ensure that you actively check the chat centre for communication with your health professional should they need to contact you during your window of communication.

(c)The chat centre is only available of patients and practitioners to communicate for a period of time prior to and post the scheduled consultation. This is to protect the practitioners time and to ensure that patient rebook with the practitioners should they require a follow up and have further questions, queries or modifications to their prescriptions or treatment plans

4. USE OF PLATFORM

4.1 Permitted Use

(a) You may view the Platform using a web browser or mobile device and copy or print hard copies of parts of the Platform solely for the purposes provided for in these Terms.

(b) Any other use, including the modification, distribution, transmission, republication, display or performance of the content on the Platform, except as provided for under these Terms, is strictly prohibited.

4.2 Your Obligations

You represent and warrant to:

(a) use the Platform in accordance with these Terms and for lawful purposes only;

(b) comply with applicable laws and regulations; and

(d) contact your general practitioner immediately if directed by your healthcare practitioner.

4.3 Limitations

By accessing the Platform, you agree not to:

(a) Modify or replicate the layout of the Platform or any software and code within it;

(b) Engage in any activity that:

(i) Harms our systems, reputation, or goodwill; or
(ii) Disrupts the integrity of the Platform, such as hacking, transmitting viruses, spyware, malware, or other unauthorized destructive or disruptive code;

(d) Restrict another User from using or enjoying the Platform;

(e) Intrude on the privacy of others or gather information about them, including Registration Information, without consent;

(f) Violate intellectual property or other rights of another person;

(g) Circumvent measures used to limit access to our Platform;

(h) Engage in acts or omissions that:

(i) Are or could be considered obscene, illegal, offensive, defamatory, indecent, threatening, or objectionable;
(ii) Could cause us to violate the law;
(iii) Could damage our reputation;
(iv) Disrupt the Platform for Users;

(i) Encourage or enable violations of these Terms;

(j) Transmit spam, chain letters, or pyramid schemes;

(k) Harass, intimidate, act violently towards, or discriminate against another User;

(l) Upload false information to gain approval as a healthcare practitioner on the site.

4.4 User agreements

It is strong advised that users agree not to solicit or engage in consultations with Telimed practitioners outside the platform when connecting with them initially on the platform.
t is strong advised that users are prohibited from attempting to arrange appointments or consultations independently with Telimed practitioners outside of the platform when connecting with them initially on the platform.

5. PAYMENT TERMS

5.1 Fees

(a) We may charge fees to Users in consideration for us making the Services available.

(b) Fees are normally one-off (One-off Fees), however an annual or monthly subscription may be offered in the future which you may choose to do (Subscription Fees), (collectively, Fees).

(c) We will advise you of any applicable Fees (including any applicable GST) when you are requesting a health service through our Platform. Practitioner fee rates can be found on their profiles on the website, prior to check out and making final payment.

(d) Fees are payable in advance and are non-refundable, except as expressly provided in these Terms.

(e) Fees and all other fees, charges and prices are stated in Australian dollars and are exclusive of applicable taxes, unless otherwise stated. Fees may be converted to your local currency at the time of payment. We will be entitled to add on GST for any supply in Australia. Where possible we attempt to provide prices that are inclusive of GST to avoid misinformation of total costs.

(f) We reserve the right to change the Fees at any time and we will provide Users with reasonable notice of any fee changes before they become effective.

(g) You are responsible for paying all Fees and taxes and we reserve the right to charge you such applicable taxes.

5.2 Payment method

(a) Fees must be paid in advance with a valid method accepted by Stripe, the sites secure method of processing payment made online.

(b) All credit card payments are subject to validation checks and authorisations by the card issuer. If the issuer of your payment card refuses to or does not for any reason authorise payment of the Fees, the payment will not be processed.

5.3 Refund of Fees

(a) If the Health Practitioner that you are scheduled to see does not show for your consultation at the time of your scheduled appointment then the fee for that service will be refunded to you within a reasonable timeframe.

(b) If we terminate your Account, access to or operation of the Platform for any other reason and you have paid for a consultation that is to take place in the period after cancellation, we will refund any fees that you have paid to a bank account notified by you for that purpose within a reasonable time of cancellation.

(c) If you wish to receive a refund that an scheduled consultation must be rescheduled or cancelled 25 hours or more in advance. Once the scheduled consultation is within 24hours or closer to the time it is to commence then no refund is to be made. This is only fair to support the healthcare professional who has put their time aside and has not potentially missed someone else booking in at that same timeslot. Consultations are able to be rescheduled or cancelled via the patient dashboard in up-coming sessions.

(d) Our platform is currently not set up for streamline Medicare claims. In the instance that issues arise with the submission of a claim to Medicare for a Mental Health Treatment Plan consultation, or similar claims need to be discuss with your healthcare professional. Any unexpected costs relating to Medicare claims incurred by you are outside the scope of our platform and will be your sole responsibility.

(e) Once you have purchased any digital download content/courses/programs or similar content from a healthcare professionals profile you are able to access this from your patient log in/dashboard. You are able to download this onto your computer and therefore there are no refunds made on these kinds of purchases. It is important that you save this content to your personal devices as if you delete your account this information may be lost from your profile.

(f) If a refund is provided to a patient due to the behaviour of a practitioner (absent from an appointment) then the platform may deduct the refund from future earnings in order to pay out the patient.

6. DISCOUNTS & OFFERS

6.1 Discounts and Promotions

From time to time, the platform may provide certain discount codes at our discretion. While we are not obligated to offer these discounts, we may do so to support patients and practitioners with bookings. These discounts typically offer a percentage off a booking.

(a) Specific eligibility requirements will be clearly outlined when a discount code is offered.

(b) Each discount will have a specific duration and must be used within the promotion period. Discounts that are past their promotion period will not be honored. There may also be additional limitations, such as applying only to initial consultations and not follow-ups.

(d) Practitioners/healthcare professionals agree to accept the discounts offered on the platform. These promotions are intended to support patient bookings for the benefit of all involved.

(e) To benefit from the discounted rate, individuals must follow the instructions provided in the offer details.

(f) The discounted offer is non-transferable and cannot be combined with other promotions, discounts, or offers unless explicitly stated. It applies only to the individual making the Priority Consultation Request and cannot be used on behalf of another person or entity.

(g) The company reserves the right to refuse or cancel a Priority Consultation Request if it does not meet eligibility criteria or if fraudulent activity is suspected. We also reserve the right to modify or terminate the terms and conditions of the discounted offer at our discretion.

(h) The platform may also have offers or promotions on our social media that may be separate to other promotions that may be regarding discount on consultation fees.

(i) By participating in the discounted offer, individuals acknowledge that they have read, understood, and agreed to comply with these terms and conditions, as well as any additional information provided when the discount is offered.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 In these Terms, Intellectual Property (IP) Rights encompass all intellectual property rights, such as copyright, patents, trademarks, design rights, trade secrets, circuit layouts, domain names, know-how, and similar rights globally, whether registered or not, including any applications for registration or rights to apply for such registration.

(a) We either own or hold licenses to all rights, title, and interest (including Intellectual Property Rights) in the Platform and the materials (including text, information, content, graphics, logos, fonts, and software) available on the Platform (collectively referred to as Platform Content). Your use of the Platform does not grant you any rights, title, or interest concerning the Platform Content.

(b) You may access the Platform using a web browser or mobile device, and you may electronically copy and print hard copies of the Platform Content solely for your personal, non-commercial use.

(c) Except as expressly permitted by these Terms, you must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, reverse engineer, create derivative works from, transfer, or sell any Platform Content or other material within the Platform.

(d) If the Platform includes any open-source or third-party code, your access to such code is governed by the terms set by the licensor of that code. You acknowledge and agree that any open-source code is provided "as is," without warranty from us.

8. USER CONTENT

8.1 We reserve the right, though we're not obligated, to monitor, review, verify, edit, modify, or delete material, content, data, or information created, generated, or transmitted by Users through the Platform (User Content). We do not control the accuracy of User Content or the following:

(a) We do not claim ownership of any User Content. You grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide, assignable, and transferable license to use, reproduce, modify, copy, store, and share the User Content for our business or commercial purposes.

(b) By using the Platform, you consent to any act or omission that would otherwise infringe on your moral rights. If a third party has moral rights in your User Content, you must ensure their consent in the same manner.

(c) The views expressed in User Content belong to Users and not us unless specifically stated otherwise. We're not responsible for User Content and disclaim all liability in respect to it. We encourage you to report problems, offensive content, comments, or misuse of the Platform to us.

(d) Any information discussed with healthcare professionals during video calls or in the chat center is private. We've taken reasonable actions to ensure platform security and protect user information.

(e) Practitioners agree to connect their Stripe account to the platform to receive payments from bookings or content sales. Telimed deducts 17.5% from sales and charges consumers a 1.8% service fee to cover Stripe transaction costs. Telimed aims to provide competitive facilities for practitioners to support their practice and well-being. Unlike traditional clinics that may charge daily rates, lock-in contracts, and high commission fees, Telimed offers financially risk-free options for practitioners.

8.2 Security of Content

(a) We'll take reasonable steps to implement, maintain, and enforce security procedures to protect User Content's security, confidentiality, and integrity from unauthorized access, use, or misuse, damage, or destruction.

(b) However, we cannot guarantee the security of User Content. To the extent permitted by law, we expressly exclude liability for any loss resulting from such incidents.

8.3 Prohibited Content

You must not create, upload, or generate any User Content:

(a) Unless you possess all necessary rights, licenses, and consents to do so.

(b) That would cause you or us to breach any law, regulation, rule, code, or legal obligation.

(d) That infringes upon the rights, including intellectual property rights, of any third party.

(e) Do not upload any inappropriate or illegal images as profile images/course content or any other areas on the platform where you are able to upload images.

9. THIRD PARTY LINKS

The Platform may link to third-party websites or applications. We do not control these sites and are not responsible for their content. Your use of linked websites is at your own risk. Before conducting transactions involving third-party products or services, we advise contacting them directly to confirm information accuracy and completeness.

10. DISCLAIMER

Even though the platform was built with the intention to provide all users with a great, streamline and impactful experience, to the fullest extent permitted by law, you agree and acknowledge that:

(a) The Platform is provided on an "as is" and "as available" basis, and you accept all risks associated with its use.

(b) We do not control, endorse, or assume responsibility for any User Content.

(d) We do not guarantee or promise that any specific result or goal will be achieved by using the Platform.

(e) We cannot guarantee that the Platform will always be uninterrupted, accurate, error-free, virus-free, secure, or accessible.

(f) We reserve the right to remove any content, material, or information, including User Content, without providing an explanation or justification.

(g) You are responsible for assessing whether the Platform, its services, and any Platform Content are suitable for your intended purposes. We do not assure, guarantee, or represent that the Platform, its services, or the Platform Content will meet your needs.

(h) We reserve the right, though we are not obligated, to monitor or intervene in disputes between Users.

11. EXCLUSIONS AND LIMITATION OF LIABILITY

(a) To the fullest extent permitted by law, we are not liable to you or anyone else for any loss or damage you may suffer or incur in connection with:

(i) your access to and use of the Platform and Platform Content;

(ii) your inability to access or use the Platform and Platform Content or any of the health services provided by Health Practitioners via the Platform;

(iii) any User Content;

(iv) any interactions between you and a Health Practitioner;

(v) any interactions between you and a Pharmacy; and

(vi) unauthorised creation, access or use of your personal information, Account or your User Content, even if we have been advised of the possibility of such loss.

(b) To the fullest extent permitted by law, we exclude:

(i) liability for special, indirect or consequential damages, including damages for loss of data, reputation, goodwill and opportunity, loss of or claim for, revenue, profits, actual or potential business opportunities or anticipated savings or profit; and

(ii) all representations, warranties or terms (whether express or implied) other than those set out in these Terms.